1

Current COVID-19 Court

& Professional Guidance

In recent weeks, various courts, tribunals and professional legal bodies have been producing

guidance about the impact of the COVID-19 on the court system in England and Wales. To

promote awareness of this guidance with fellow practitioners and the public generally, the

juniors of 4-5 Gray’s Inn Square have compiled all the current guidance impacting civil

practitioners of which we are aware. The main documents of reference can be found here:

https://www.judiciary.uk/coronavirus-covid-19-advice-and-guidance/.

Please note, this list is accurate to the best of our knowledge as at 24/04/2020 at 11:00. We

advise that you also check with the relevant court/body to see whether there has been any

updated advice provided since that date/time. Hyperlinks are provided where available in the

table below which will direct you to the available online public guidance.

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Table of Contents

General Guidance for Civil Court Users 5

HMCTS 5

Crime 6

Family 7

Civil 7

Tribunals 7

Royal Courts of Justice 8

Judicial announcements 9

Civil Court Listing Priorities 10

Information for all Court and Tribunal Users 12

Guidance on remote hearings 11

Contents 11

Civil and Family Courts 16

Review of court arrangements due to COVID-19, message from the Lord Chief Justice

21

Remote Costs Hearings Guidance 14

Judges’ and Members’ Presidential Administrative Instruction 15

Procedure Rules & Protocols 15

Civil Justice in England and Wales: Protocol Regarding Remote Hearings 15

Civil Procedure Rules, Practice Direction 51Z 15

Civil Procedure Rules, Practice Direction 51Y 16

Civil Procedure Rules, Practice Direction 51ZA 17

Replacement of affidavits with statements of truth in non-contentious probate

processes 18

Temporary Amendments to the Practice Guidance on Case Management and

Mediation of International Child Abduction Proceedings 19

Pilot Practice Direction: Video/Audio Hearings in the First-Tier Tribunal and the

Upper Tribunal 20

Guidance for specific courts & tribunals 21

Queen’s Bench Division 21

Family Court 30

Consultation on remote hearings in the Family Court 38

Temporary Amendments to the Practice Guidance on Case Management and

Mediation of International Child Abduction Proceedings 38

Insolvency and Companies List (Chancery Division) - Winding Up List 39

3

Protocol for Insolvency and Company Work at Central London County Court 40

Court of Protection 41

Administrative Court 43

Administrative Court - Applications for Immediate/Urgent Consideration 43

Administrative Court - Guidance for non-urgent cases 45

High Court Business 47

High Court and Court of Appeal 49

Court of Appeal 49

First-Tier Tribunal and Upper Tribunal 51

Practice Direction Property Chamber, First-tier Tribunal Lodging Applications and

Documents by Email And Areas in the Property Chamber 52

First-Tier Tribunal (Property Chamber) 52

First Tier Tribunal Tax Chamber 54

The First Tier Tribunal (War Pensions and Armed Forces Compensation Chamber)

60

Health, Education & Social Care Chamber (First-Tier Tribunal) 62

Social Entitlement Chamber (First-Tier Tribunal) 63

Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental

Health) 67

The First-Tier Tribunal (Immigration and Asylum Chamber) 71

General Regulatory Chamber (First-Tier) 75

Upper Tribunal Lands Chamber 77

Upper Tribunal Administrative Appeals Chamber 80

Upper Tribunal (Immigration and Asylum Chamber) 85

Judicial Review applications to the Upper Tribunal (Immigration and Asylum

Chamber) that require urgent or immediate consideration (Form T483) 85

Employment Tribunal 86

Employment Appeal Tribunal 89

Planning Inspectorate Guidance 93

HMCTS Guidance: Closure of Counters in the QBD and Court of Appeal 94

RCJ Fees Office 95

Guidance for specific Courts and Tribunals 95

Birmingham High Court and County Court 95

Royal Courts of Justice 99

Central London 100

Clerkenwell & Shoreditch 100

Wandsworth 100

Central London Employment Tribunal 100

4

Guidance for Barristers 100

The Bar Council 100

5

Issuing

court/tribunal/

professional

body

Date Issued

Guidance Issued

General Guidance for Civil Court Users

HMCTS

Daily

Operational

Summary on

courts and

tribunals during

coronavirus

(COVID-19)

outbreak

24/04/2020

From Friday 24 April 2020 we will change the frequency

of this update from daily to weekly. They can be accessed

here: HMCTS Daily Operational Summary

We will publish an operational update each Friday evening

on GOV.UK, and we’ll email you each Sunday evening

with a reminder. On Monday mornings we’ll also publish a

link to the weekly update on Twitter.

We’ll only email again if there are any urgent or significant

changes during the week. Follow us on @HMCTSgovuk to

also check for daily or urgent updates.

We’ll keep this under review.

• We have many online court and tribunal

services available to professional users and

members of the public. These remove the need to

contact us by phone, email or post.

• We’re consolidating the work of courts and

tribunals into fewer buildings. Some building are

open to the public, some buildings are staffed but

are not open to the public, and some buildings are

temporarily closed. The list was updated 23 April

2020

• Where courts and tribunals are closed, we’ll contact

parties directly to confirm new hearing

arrangements. We’ll contact those parties whose

hearings were scheduled to happen first, and work

our way through the list as quickly as possible.

Please be patient while we do this, and avoid

making contact if you can.

• Cloud Video Platform (CVP) will start to be used in

some civil and family hearings, as well as Skype.

Please see our updated telephone and video

hearings during coronavirus outbreak and a guide

on how to join a telephone and video hearing

6

• Our Courts and Tribunals Service Centres will be

available from 8am to 5pm Monday to Thursday

and 8am to 4pm on Fridays until further notice

• Our South East region will only be taking calls

between 10am to 2pm in all jurisdictions (with the

exceptions on the next line)

• Chelmsford, Norwich, Ipswich and Basildon Crown

Courts are temporarily unable to answer calls. The

recorded message will advise you what to do

• We’re continuing to avoid physical hearings and

arranging remote hearings wherever possible.

Anyone who requires technical support for a

telephone or video hearing can call 0330 8089405

• We’ve introduced temporary new hours in our

Scotland contact centre. HMCTS Scotland contact

centre opening hours 24 April

2020 (PDF, 149KB, 1 page)

Crime

• There are no Jury trials currently underway

• Crown Courts are dealing with a range of work,

much of which is being done remotely. This

includes sentencing hearings and all urgent

applications including applications for bail and

applications to extend custody time limits. Pre-trial

preparation hearings and further case management

hearings are also taking place

• Magistrates’ courts are only covering urgent work

and we plan to re-start work on police traffic

prosecution cases that can be dealt with

remotely. Magistrates' court cases update: 24 April

2020 (PDF, 235KB, 1 page). The Judiciary have

published a note of listing in magistrates’ courts

during coronavirus outbreak

• Since 19 March 2020 Single Justice Procedure cases

– other than some police road traffic cases - have

been suspended. Decisions on those cases already

listed will be delayed, as will all cases where there

has been a not guilty plea

• All questions about paying an outstanding criminal

court fine should be sent to our National

Compliance and Enforcement Service

at NCESBCT@justice.gov.uk or call 0300 123

9252

7

Family

• Family courts business priorities. Family court

business priorities 24 April 2020 (PDF, 164KB, 1

page)

• Family court C100 (child arrangements)

guidance. Family court: Child Arrangements C100

application guidance (PDF, 238KB, 1 page)

• 2-week rapid consultation on remote hearings in

Family Court launched by Judiciary

• Guidance on replacement of affidavits with

statements of truth in non-contentious probate

processes

Civil

• Civil court listing priorities. Civil court listing

priorities 24 April 2020 (PDF, 332KB, 1 page)

Tribunals

• Various user help guides published: Administrative

Appeals Chamber, Employment Tribunals, General

Regulatory Chamber, Health, Education and Social

Care Chamber (First-Tier Tribunal): Special

Education Needs & Disability, Care Standards and

Primary Health Lists, Health, Education and Social

Care Chamber (First-Tier Tribunal): Mental

Health, Social Entitlement Chamber (First-Tier

Tribunal): Social Security and Child Support,

Criminal Injuries Compensation, Asylum

Support, Immigration and Asylum Chamber, Lands

Chamber, Property Chamber, Tax and Chancery

Chamber (Upper Tier), Tax Chamber First

Tier and War Pensions and Armed Forces

Compensation Chamber

• First tier tax tribunal operational update Property

and General Regulatory Chamber operational

updates 24 April 2020 (PDF, 64.1KB, 1 page)

• Property and General Regulatory Chamber

operational updates First tier tax tribunal

operational update 24 April 2020 (PDF, 169KB, 1

page)

8

• The Judiciary have published a frequently asked

questions document on Employment Tribunals

during the coronavirus for parties who are

representing themselves and professional

representatives

• Mental Health Tribunal telephone hearing

guidance. Mental Health Tribunal telephone

guidance 24 April 2020 (PDF, 156KB, 1 page)

• First Tier Immigration and Asylum Tribunal

operational update. First Tier IAC operational

update 24 April 2020 (PDF, 164KB, 1 page)

• Upper Tier Immigration and Asylum Tribunal

operational update. Upper Tier IAC operational

update 24 April 2020 (PDF, 240KB, 1 page)

Royal Courts of Justice

• The Royal Courts of Justice Operational

Update: The Royal Courts of Justice operational

update 24 April 2020 (PDF, 130KB, 1 page).

• The High Court is covering work according to

the High Court Contingency Plan. More detailed

guidance for the Administrative Court

Office. Administrative Court Office

guidance (PDF, 270KB, 4 pages) More detailed

guidance for the Queen’s Bench. Queen's Bench

guidance (PDF, 394KB, 3 pages) Queen's Bench

guidance - Bulletin 2 (PDF, 407KB, 3

pages) Queen's Bench guidance - Bulletin

3 (PDF, 241KB, 1 page) Queen's Bench guidance -

Bulletin 4 (PDF, 261KB, 2 pages) Queen's Bench

guidance - Interim Applications

Court (PDF, 166KB, 1 page) Queen's Bench

guidance - Bulletin 5(PDF, 168KB, 2

pages) Queen's Bench guidance - Bulletin

6 (PDF, 169KB, 2 pages)

• The Court of Appeal Civil Division is covering

work according to the RCJ Court of Appeal Civil

urgent business priorities. Court of Appeal Civil

urgent business priorities 24 April

2020 (PDF, 164KB, 1 page).

• The Court of Appeal Criminal Division is covering

work according to the RCJ Court of Appeal

Criminal Emergency Plan. RCJ Court of Appeal

Criminal Division update 24 April

2020 (PDF, 164KB, 1 page).

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• The Royal Courts of Justice Fees Office has

temporarily closed. Royal Courts of Justice Fees

Office update: 24 April 2020 (PDF, 253KB, 1 page)

Judicial announcements

• Judicial Office has published a number of important

updates by jurisdiction

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Civil Court

Listing

Priorities

24/04/2020

Priority 1 – work that must be done

• Committals

• Freezing Orders

• Injunctions (and return days for ex parte injunctions)

• The emphasis must be on those with a real time element

(such as post-termination employment restrictions),

noise or interference with property

• Anti-Social Behaviour/Harassment injunctions (not

ancillary to possession)

• Applications to stay enforcement of existing possession

orders

• Production of persons in custody following Power of

Arrest detentions

• Applications to displace under s 29 of MHA

• Homelessness Applications

• Enforcement work that does not involve bailiffs, such

as third-party debt orders (particularly hardship

payments)

• Any applications in cases listed for trial in the next three

months

• Any applications where there is a substantial hearing

listed in the next month

• All Multi Track hearings where parties agree that it is

urgent (subject to triage)

• Appeals in all these cases

Priority 2 – work that could be done

• Infant and Protected Party approvals (children could

attend by Skype)

• CPR 21 approvals

• Applications for interim payments in MT/PI/Clin Neg

• Stage 3 assessment of damages

• Enforcement of trading contracts

• Applications or hearings pursuant to the Insolvency Act

1986 which concern the survival of a business or the

solvency of a business or an individual

• Applications for summary judgement for a specified

sum

• Applications to set aside judgement in default

• Applications for security for costs

• All small claim/fast track trials where parties agree it is

urgent (subject to triage)

• Preliminary assessment of costs

• Appeals in all these cases

Civil work in the Court of Appeal is subject to separate

guidance and civil work carried out within the Queen’s

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Bench Division and Business & Property Courts of

England and Wales is covered by the High Court

Contingency Plan. The work of the Business and

Property Courts outside of London (District Registries)

is being dealt with on a case-by-case basis and is also

excluded from these lists. Accordingly, these lists relate

only to County Court work.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881019/Civil_cour

t_listing_priorities_24_April_2020.pdf?utm_medium=ema

il&utm_source=)

Guidance on

remote

hearings

14/04/2020

08/04/2020

Legal information about how HMCTS will use

telephone and video technology during the coronavirus

(COVID-19) outbreak:

Contents

1. The decision to use telephone and video hearings

2. Using existing technology and making new technology

available

3. The rules on using video and audio technology in courts

4. New legislation

5. Open justice

6. Media access to proceedings

7. Court and tribunal users

8. Guide to joining an audio or video hearing

9. Oaths and affirmations

10. Communication between legal professionals and clients

11. Prison to court video links and new video conferencing

centres

12. Authentication

13. Video remand hearings (VRH)

(https://www.gov.uk/guidance/hmcts-telephone-and-

video-hearings-during-coronavirus-

outbreak?utm_medium=email&utm_source=)

The Court of Protection Bar Association has issued a

helpful guidance on conducting remote hearings

effectively: https://www.cpba.org.uk/wp-

content/uploads/2020/04/CPBA-Effective-Remote-

hearings-7.4.2020-Final-Clean.pdf

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The guidance is comprehensive, and it is our belief that it

will assist with the effectiveness of hearings across all

jurisdictions:

Preparing for the hearing

Issues

• Should be clearly identified prior to the hearing, if

necessary, by specific telephone and/or video

liaison between the parties; you must ensure that

any such hearing is accessible to and inclusive of

any litigants in person.

• To the extent they can be, compromises should be

made on relatively peripheral issues so that the

court’s time can be focused on determination of the

fundamental issues.

• Agree an online suitable platform which all

participants (including litigants in person) can

access.

• Consider and agree in advance how you will obtain

instructions during the course of the hearing, e.g.

text/WhatsApp/email/chat box within the online

platform.

• Agree a witness template (if there is to be oral

evidence).

• Try to agree with the other parties a protocol for

using documents with a witness. In particular,

whether they should work from their own

printed/digital version of the bundle or have

temporary access to an online bundle and/or

whether they will be shown documents via the

’share screen facility’ when absolutely necessary.

• Out of hours hearings, including medical treatment:

you must justify why the matter cannot wait until

the morning.

Bundles

• Must contain only the documents necessary for the

determination of the essential issues.

• Must be paginated.

• Should be chronological within tabs.

• Try to de-duplicate the bundles further so that no

page is repeated.

• Consider how the bundle will be accessed by all the

parties? How can users navigate around the bundle?

• Consider how updates will be added to the bundle?

How will they be circulated?

• If it is one long PDF, can it be bookmarked?

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• Ideally the bundle should be a single PDF document

with bookmarks corresponding to tabs in the index;

OCR software should be used to render all

documents in the bundle searchable.

• If it is made up individual files, how are they

named? Will that naming convention work for your

skeleton or to refer the court to? Will it keep the

documents in the same order for everyone?

• Software used by solicitors to organise their

electronic files internally might not name the

documents in a useful way for a court bundle –

documents might need to be renamed:

§ e.g. 1_Claim form; 2_Defence, etc. is much easier

to say and navigate than [EE70451.0001]:

13_03_2019 Issued Claim Form in Bloggs v Patten.

Skeletons

• Should open with a short statement of what the

issues are for determination, and stating the parties’

respective positions on each issue (and reasons if

they can be expressed briefly).

• Will need to cross reference the bundle so the judge

can get to the correct document/page.

Authorities

• How many are actually on point for the

determination of the essential issues?

• How are they going to get to the judge?

• Assemble a separate, joint PDF authorities bundle

with each case bookmarked.

• Mark the relevant passages with either highlighting

or a red line in the margin.

Shortly before the hearing

How you will have pre-hearing discussions with your

opponents? Will this be through a separate meeting earlier

on in the day? Or will the parties join the meeting shortly

before the Judge to allow for this to happen?

Getting ready

• Check who is dialling in and that you have the

correct details.

• Do you have your “at court” kit to hand (pen, paper,

calculator if needed, procedural texts, phone on

silent, computer notifications silenced).

At the hearing

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Advocacy

• Focused and succinct advocacy is always desirable;

at a remote hearing it is essential.

• It is advisable to keep close to the essential issues,

setting out a clear route as to how you propose the

judge should deal with each issue, and then make

succinct submissions on those points.

• There will be less tolerance of over-running.

• Succinctness is key.

• It should be borne in mind throughout that whilst the

hearing will be conducted, inevitably, against a

backdrop which seems less formal, it remains, in

every sense, a court hearing in which the core

formalities remain. This includes dress – advocates

should adhere to appropriate professional standards.

This signals to the lay parties that their hearing is, in

every way, as careful and as valid as a case heard in

a conventional court setting.

• Particular care must be taken to ensure that family

members (and P, if giving evidence) are enabled to

ensure that they can participate fully in all aspects

of the hearing.

Conducting the hearing

• Treat the Judge as the “Chair of the electronic

meeting”: be patient, speak when invited and

politely ask the Judge for permission to intervene

and only doing so if granted permission.

• Always introduce yourself when you begin

speaking, unless there are only two or three people

on the call; don’t assume the judge will recognise

your voice.

• Do not record the call without the express

permission of the judge; without permission this

will be a contempt of court.

• Mute your microphone when not speaking to

prevent feedback. Learn how to do this before the

hearing.

• If telephone hearing: you cannot see if the judge is

following your submissions - so will need to ask the

judge as to whether they are ready for you to move

onto your next point.

Remote Costs

Hearings

Guidance

24/04/2020

Civil guidance on remote costs hearings has been issued,

and can be accessed here:

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https://www.judiciary.uk/coronavirus-covid-19-advice-

and-guidance/#generalinfo

The link will download a word document

Judges’ and

Members’

Presidential

Administrative

Instruction

14/04/2020

The Rt. Hon. Sir Ernest Ryder has issued an

Administrative Instruction to all Judges and Members of

Tribunals. It can be viewed here:

https://www.judiciary.uk/wp-

content/uploads/2020/04/14042020-AI-no4-final.pdf

Procedure Rules & Protocols

Guidance for specific courts & tribunals

Civil Justice in

England and

Wales: Protocol

Regarding

Remote

Hearings

20/03/2020

This protocol applies to hearings of all kinds, including

trials, applications and those in which litigants in person are

involved in the County Court, High Court and Court of

Appeal (Civil Division), including the Business and

Property Courts.

It can be accessed here:

https://www.judiciary.uk/wp-

content/uploads/2020/03/Civil-court-guidance-on-how-to-

conduct-remote-hearings.pdf.

Civil Procedure

Rules, Practice

Direction 51Z

27/03/2020

This PD was

amended on

20 April

2020 to

insert

paragraph

2A

Practice Direction Update to the Civil Procedure Rules

- Coronavirus Pandemic related (Practice Direction

51Z)

The new Practice Direction 51Z is effective from

27/03/2020 and supplements Part 51. It states:

1. This practice direction is made under rule 51.2 of

the Civil Procedure Rules (“CPR”). It is intended to

assess modifications to the rules and Practice

Directions that may be necessary during the

Coronavirus pandemic and the need to ensure that

the administration of justice, including the

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enforcement of orders, is carried out so as not to

endanger public health. As such it makes provision

to stay proceedings for, and to enforce, possession.

It ceases to have effect on 30 October 2020.

2. All proceedings for possession brought under CPR

Part 55 and all proceedings seeking to enforce

anorderfor possession by a warrant or writ of

possession are stayed for a period of 90 days from

the date this Direction comes into force.

2A. Paragraph 2 does not apply to—

(a) a claim against trespassers to which rule

55.6 applies;

(b) an application for an interim possession

order under Section III of Part 55, including

the making of such an order, the hearing

required by rule 55.25(4), and any

application made under rule 55.28(1); or

(c) an application for case management

directions which are agreed by all the

parties.

3. For the avoidance of doubt, claims for injunctive

relief are not subject to the stay in paragraph 2.

Civil Procedure

Rules, Practice

Direction 51Y

25/03/2020

Practice Direction 51Y - Practice Direction on Video or

Audio Hearings in Civil Proceedings during the

Coronavirus Pandemic

The Master of the Rolls and Lord Chancellor have signed

Practice Direction 51Y (PD) in relation to video or audio

hearings during the Coronavirus pandemic. It is a technical

amendment, which clarifies the manner in which the court

may exercise its discretion to conduct hearings remotely in

private. It also clarifies what steps the court may make to

ensure access by the public to remote hearings that have

been held in private through making available audio or

video recordings of those hearings at a time when the courts

are operating normally. It will remain in force for no longer

than the Coronavirus Bill is intended to remain in force.

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Civil Procedure

Rules, Practice

Direction 51ZA

02/04/2020

Practice Direction 51ZA – Extension of Time Limits and

Clarification of Practice Direction 51Y - Coronavirus

Practice Direction 51ZA was issued on 02 April 2020 and

ceases to have effect on 30 October 2020. It states as

follows:

1. This practice direction is made under rule 51.2 of the

Civil Procedure Rules (“CPR”). It is intended to assess

modifications to the rules and Practice Directions that may

be necessary as a temporary measure during the

Coronavirus pandemic to ensure that the administration of

justice is carried out so as not to endanger public health. As

such it

(a) makes provision for parties to agree extensions

of time to comply with procedural time limits in the

CPR, Practice Directions and court orders; and

(b) provides guidance to the court when considering

applications for extensions of time and

adjournments.

It further makes provision to clarify the meaning of

paragraph 4 of Practice Direction 51Y. It ceases to have

effect on 30 October 2020.

2. During the period in which this Direction is in force CPR

rule.3.8 has effect as if in substitution for the reference to

28 days there was a reference to 56 days.

3. Any extension of time, whether agreed by the parties or

on application by a party, beyond 56 days requires the

permission of the court. An application for such permission

will be considered by the court on the papers. Any order

made on the papers must, on application, be reconsidered at

a hearing.

4. In so far as compatible with the proper administration of

justice, the court will take into account the impact of the

Covid-19 pandemic when considering applications for the

extension of time for compliance with directions, the

adjournment of hearings, and applications for relief from

sanctions.

5. In paragraph 4 of Practice Direction 51Y, the reference

to ‘application’ in the final sentence is to be read as

‘request’. As such any person seeking permission to listen

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to or view a recording of a hearing is not required to make

a formal application under CPR Part 23.

Replacement of

affidavits with

statements of

truth in non-

contentious

probate

processes

17/04/2020

President of the Family Division: Guidance as to the

replacement of affidavits with statements of truth in

non-contentious probate processes

To enable non-contentious probate business to continue

during the current social conditions imposed for the

coronavirus pandemic, I am authorising the District Probate

Registrars to allow statements of truth to be used as an

alternative to affidavits for the following applications and

processes in the Non-Contentious Probate Rules 1987 – 12

(1), 16, 19, 25 (2), 26, 32 (2), 44 (12), 46 (2) & (4), 47 (4)

& (6), 48 (2)a, 50 (2), 51, 52, 53, 54 (3), 55 (2) until 30 July

2020.

(https://www.judiciary.uk/announcements/president-of-

the-family-division-guidance-as-to-the-replacement-of-

affidavits-with-statements-of-truth-in-non-contentious-

probate-processes/?utm_medium=email&utm_source=)

19

Temporary

Amendments to

the Practice

Guidance on

Case

Management

and Mediation

of International

Child

Abduction

Proceedings

27/03/2020 The temporary amendments, together with a template

directions order can be viewed here:

https://www.judiciary.uk/wp-

content/uploads/2020/03/COVID19-Draft-Temporary-

Amendments-to-Child-Abduction-Practice-Guidance-

Final-26.03.2020.pdf

20

Pilot Practice

Direction:

Video/Audio

Hearings in the

First-Tier

Tribunal and

the Upper

Tribunal

02/04/2020

PILOT PRACTICE DIRECTION: VIDEO/AUDIO

HEARINGS IN THE FIRST-TIER TRIBUNAL AND

THE UPPER TRIBUNAL

Background

1. During the Covid-19 pandemic, it may be necessary for

tribunals to adjust their ways of working to limit the spread

of the virus and manage their workloads appropriately. I

have therefore decided to issue this Practice Direction on a

pilot basis. It ceases to have effect on the date on which the

Coronavirus Act 2020 ceases to have effect in accordance

with section 89(1) of that Act.

2. The Lord Chancellor has approved the issue of this

Practice Direction in accordance with s23 Tribunals, Courts

and Enforcement Act 2007.

Scope

3. This Practice Direction applies to all appeals and

applications in the First-tier Tribunal and the Upper

Tribunal.

Public/private hearings

4. Where a tribunal decides that:

a) a hearing in a particular case should take place;

b) the proceedings are to be conducted wholly as video or

audio proceedings; and

c) it is not practicable for the hearing to be broadcast in a

court or tribunal building

the tribunal may direct that the hearing will take place in

private, where this is necessary to secure the proper

administration of justice.

5. Where a media representative is able to access

proceedings remotely while those proceedings are taking

place, the proceedings will constitute a public hearing for

the purposes of the relevant Chamber’s procedure rules.

Access to recordings

6. Any hearing held in private under paragraph 4 must be

recorded, where that is practicable, in a manner directed by

21

the tribunal. Where authorised under s.32 of the Crime and

Courts Act 2013 or 29ZA of the Tribunals, Courts and

Enforcement Act 2007 (as inserted by the Coronavirus Act

2020), the tribunal may direct the hearing to be video

recorded, otherwise the hearing must be audio recorded.

7. On the application of any person, any recording made in

accordance with paragraph 6 may be accessed in a tribunal

or court building, with the tribunals’ consent.

(https://www.judiciary.uk/wp-

content/uploads/2020/04/02-Apr-30-Practice-Direction-

Audio-Video-Hearings.pdf)

Guidance for specific courts & tribunals

Guidance for specific courts & tribunals

Queen’s Bench

Division

21/04/2020

Possession claims against trespassers under CPR Part

55 (Coronavirus Bulletin 6)

Practice Direction 51Z – Stay of Possession Proceedings

and Extension of Time Limits – Coronavirus has been

amended by the 120th Update issued by the Master of the

Rolls on 20 April 2020. The amendments exclude the

following from the stay imposed on possession proceedings

brought under CPR Part 55, and clarify that such claims

may be issued:

(1) A claim against trespassers to which rule 55.6 applies;

(2) An application for an interim possession order under

rule 55.28(1); or

(3) An application for case management directions which

are agreed by all the parties.

The following procedures have been introduced in the QB

Enforcement Section to allow claims against trespassers

which are permitted to be brought, and are not subject to a

stay, to be dealt with as efficiently as possible during the

period of Coronavirus restrictions.

Claims under Rule 55.6

1. Draft Claim Form and Particulars of Claim, (or issued

and filed Claim Form and Particulars of Claim in an

existing QB claim), Witness Statement and Certificate of

urgency with draft Order to be E-filed and also sent to QB

Enforcement Section qbenforcement@Justice.gov.uk in

PDF form.

22

2. Permission to issue given by the Master and Order

approved, without a hearing or by telephone hearing at

Master’s discretion. The draft Order must include a

protocol for Defendants to dial in to a telephone hearing for

the return date.

3. Claim Form issued and Order sealed electronically.

4. The Claim Form and sealed Order will be emailed to

High Court Enforcement Officer/Solicitor for Claimant

who will serve in accordance with CPR 55.6. 5.

Certificate/Statement of service to be emailed to

qbenforcement@Justice.gov.uk and E-filed.

6. Return hearing to be conducted by telephone conference

call arranged by Claimant.

7. Order following telephone hearing and PF86 to be

approved by the Master and Possession Order sealed.

8. Writ of Possession sealed.

9. Writ executed by High Court Enforcement Officer.

Applications for an Interim Possession Order (IPO)

under Rule 55.20

1. The documents required under Rule 55.22 must be E-

filed and also sent to qbenforcement@Justice.gov.uk in

PDF form.

2. The court will issue the claim form and the application

for the IPO and send these by email to the High Court

enforcement officer/solicitor for the claimant.

3. The hearing of the application will be by telephone no

later than 3 days after the date of issue.

An application for case management directions agreed

by all parties

Submit by E-filing and by sending the application notice

and draft order to qbenforcement@Justice.gov.uk

Generally

The Practice Note of the Chief Master and Senior Master

dated 30 September 2016 55APN.1 continues to apply.

Please Note in particular paragraph 5: Unless there is real

23

16/04/2020

urgency (a need for immediate attention), the High Court

will rarely be the suitable venue.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881030/QB_Bulle

tin_6.pdf?utm_medium=email&utm_source=)

Service of documents, requests for taking of evidence

from foreign courts and registration of foreign

judgments (Coronavirus Bulletin 5)

TAKING OF EVIDENCE

All examinations of witnesses in respect of requests

received from foreign courts to be carried out by order of

the High Court of England and Wales under the direction of

the Government Legal Department pursuant to the

Evidence (Proceedings in Other Jurisdictions) Act 1975,

and pursuant to the Taking of Evidence Regulation are

suspended for a period of 90 days from 25 March 2020, or

until further order: see order attached. Examinations of

witnesses arranged and carried out privately are not affected

by this order, but the Coronavirus restrictions would be

likely to prevent private examinations from proceeding.

Urgent applications under the Evidence (Proceedings in

Other Jurisdictions) Act 1975 where English solicitors are

instructed can however be processed by submitting these to

the Foreign Process Section at

foreignprocess.rcj@Justice.gov.uk and any hearings of, or

relating to, such applications are able to be listed and heard

in the usual way.

Urgent applications for orders for Letters of Request to be

sent to foreign courts either under the Taking of Evidence

Regulation or the Hague Evidence Convention or any other

bi-lateral treaty may be able to be processed, but they are

unlikely to be dealt with by the requested court during the

present circumstances, and we would advise waiting until

the current restrictions are lifted unless there is real

urgency.

REGISTRATION OF FOREIGN JUDGMENTS We are

not able to process these at present.

EU INFORMATION ON THE EFFECT OF COVID-19

The Europa website has just published information and

guidance about the effect of Covid-19 on the operation of

all Regulations: see

https://ejustice.europa.eu/content_impact_of_the_covid19

_virus_on_the_justice_field-37147-en.do

24

14/04/2020

Court Users who have any queries in relation to Foreign

Process matter should email

foreignprocess.rcj@Justice.gov.uk

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/880131/QB_Bulle

tin_5.pdf?utm_medium=email&utm_source=)

Coronavirus – Information for Interim Applications

Court (Court 37)

Due to high levels of staff absence because of the COVID-

19 pandemic, the Interim Applications Court (Court 37)

will be closed to the public from 4:30pm on Wednesday 25

March 2020 until further notice. Court users are advised not

to go to Court 37. We apologise for any inconvenience.

Interim applications i.e. where immediate action is required

from the court, otherwise a situation will become

irreversible, should continue to be sent by professional

court users via CE-File.

For Litigants in person who do not have access to CE-File

applications should be sent to

qbjudgeslistingoffice@justice.gov.uk. Applications must

be accompanied by an electronic bundle containing only

those documents which it will be necessary for the court to

read for the purposes of determining the application.

In all cases where the application cannot be sent via CE-

File the electronic bundle:

a. must be a single PDF not exceeding 20mb in size;

b. must be numbered in ascending order regardless of

whether multiple documents have been combined together

(the original page numbers of the document will be ignored

and just the bundle page number will be referred to)

c. Index pages and authorities must be numbered as part of

the single PDF document (they are not to be skipped; they

are part of the single PDF and must be numbered).

d. The default display view size of all pages must always be

100%.

e. Texts on all pages must be selectable to facilitate

comments and highlights to be imposed on the texts

f. The bookmarks must be labelled indicating what

document they are referring to (it is best to have the same

name or title as the actual document) and also display the

relevant page numbers.

25

09/04/2020

03/04/2020

g. The resolution on the electronic bundle must be reduced

to about 200 to 300 dpi to prevent delays whilst scrolling

from one page to another.

h. The index page must be hyperlinked to the pages or

documents it refers to.

If you are not legally represented and you do not have

access to email, you should contact the Queen’s Bench

Division by telephone between 10:00am and 5:00pm on

07562 434 296 (only to be used in an emergency) so that

details of your application may be taken by telephone and

alternative arrangements made if permitted by the Judge on

duty.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/879158/Ops_Upda

te_-

_QB_Interim_Applications_Court.pdf?utm_medium=emai

l&utm_source=)

Queen’s Bench Masters Hearings and QB Action

Department Court Funds Office (Coronavirus Bulletin

4)

Guidance in relations to the Court Funds Office can be

found here:

https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/878793/QB_Bulle

tin_4.pdf?utm_medium=email&utm_source=

Queen’s Bench Masters Hearings and QB Action

Department (Coronavirus Bulletin 3)

Practice Direction 51ZA – Extension of Time Limits and

Clarification Of Practice Direction 51Y – Coronavirus

This has now been published. It provides that during the

period when the PD is in force CPR rule 3.8 has effect as if

the 28 day period when parties can agree extensions of time

is extended to 56 days.

Electronic Signatures on Court Documents

During this period when most court users are working

remotely, often without secure access to scanning

technology the QB Action Department has received a

number of queries from court users as to whether

26

27/03/2020

documents filed with the court bearing either no signatures

or electronic signatures are acceptable.

Rule 5.3 permits any document that is required to be signed

to be signed “if the signature is printed by computer or other

mechanical means.” The QB Action Department will accept

all documents signed with electronic signatures, but

documents that are unsigned will not be accepted.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/878792/QB_Bulle

tin_3.pdf?utm_medium=email&utm_source=)

Information for QBD Users (Coronavirus Bulletin 2)

● The QB is dealing with urgent work (applications and

hearings) only; all hearings are to be held remotely.

● The List office will contact parties to will proceed, but

this will be closer to the hearing date.

● Hearings before the QB Masters: All hearings will now

be conducted by telephone conference or by Skype

(audio only or audio and video). Telephone hearings are

conducted in accordance with PD23A and PD51Y and

must be hosted by an approved service provider.

Professional representatives will be required to set up

telephone conferences and ensure that they are

recorded, as has previously been the case. Masters will

instigate Skype hearings and invite you to join the

conference. You will be informed by the Master or by

listing clerks how the hearing is to take place. You

should let the court know as soon as possible if there are

any difficulties. The hearings will be listed in the usual

in the Causer List and identified as either telephone or

video hearings.

● If parties reach an agreement to adjourn any listed

hearings because they are not urgent and they would

prefer them to be listed in court when the current

emergency situation is lifted please let the Master know

as soon as possible. The Master may also reach a

decision of their own initiative to adjourn any particular

hearing and will communicate with the parties by email

or telephone.

● Communications with the Court about Hearings:

The court staff have been unable to keep electronic

filings up to date as a result of staff depletion during the

present crisis. Please therefore do not rely on electronic

filing alone to ensure that a document reaches the

27

25/03/2020

Master for a hearing. Please email with information and

all documents relating to a forthcoming hearing directly

to the Master. As far as possible please send one email

with all information and documents for a hearing.

● Documents for hearings: Please follow the

instructions previously provided about electronic

bundles. Do not include skeleton arguments in the

electronic hearing bundle but email them separately.

Please ensure that the bundles contain no more

documents than necessary for resolution of the issues in

question.

● The Fees Office in the QB Action Department is closed,

but all professional users should continue to use CE-File

where you can pay by PBA or credit card. All other

users will be asked for payment when the Fees Office

re-opens.

● The Foreign Process and Children’s Funds Sections

departments are closed until further notice.Any urgent

applications for Foreign Process should be sent to

foreignprocess.rcj@Justice.gov.uk and any urgent

correspondence for Children’s Funds should be sent to

qbchildrenfunds@justice.go.uk, which will be

forwarded to the most appropriate Master, unless a

Master has already dealt with the matter, when you

should send direct to that Master.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/879157/Ops_Upda

te_-

_QBD_Bulletin_2.pdf?utm_medium=email&utm_source=

)

QBD Court Users’ Information

During the current COVID-19 outbreak the work of the

Queen’s Bench Action Department and the Queen’s Bench

Masters will continue so far as possible. However, it is

inevitable that the outbreak of the virus, and the

Government and NHS guidelines on self isolation, means

that there are, and will continue to be, absences of both

Masters and court staff.

In order to deal with court business in the most efficient

way possible, taking into account the current constraints,

we are making certain changes to our usual procedure.

28

Steps to be taken by the Queen’s Bench Action Department

and QB Masters Listing:

1. All court counters will close except for the Fees Office

Counter. Should court users need to file documents that

cannot be filed electronically, such as Foreign Process

applications, Deed Poll applications, documents relating to

Children’s Funds and Bills of Sale, they should be left in

the drop boxes that will be installed at the Fees Counter.

2. The Urgent and Short Applications List will be

suspended from Monday 23 March 2020. Urgent and short

applications will be re-listed/listed before any Master as

soon as possible. There will be no Clerk Walk In period,

and all documents usually brought in by clerks must be filed

electronically.

3. Hearings currently listed in the Asbestos list will be given

priority

4. We may have to adjourn non-urgent hearings if we do

not have sufficient Masters available to hear them. If so, we

will try and list them as soon as possible either before the

assigned Master, another Master or a Deputy Master.

5. To accommodate any backlog of adjourned hearings we

plan to list during July and in the Long Vacation in August

and September, as far as we are able, depending upon the

availability of Masters or Deputy Masters sitting.

6. Hearings may take place in a court room rather than in

the Master’s chambers, to provide some distance between

all court users.

7. Where possible, we will have hearings by telephone or

Skype, either direct to the court, or where a Master is

working from home, to the Master’s home. The Queen’s

Bench Masters’ Listing Office (“QBML”) will provide the

parties with the relevant details. The burden will be on the

parties to arrange the telephone conference and ensure that

it is recorded. Skype hearings will be instigated by the

court. CPR 39.3 (3) (g) permits the court to hold a hearing

in private if ‘the court considers this to be necessary, in the

interests of justice’.

8. For hearings taking place in court, bundles and any hard

copy skeleton arguments should continue to be lodged at

the ushers’ desk in the Bear Garden.

29

9. Where it is not possible to lodge a hardcopy bundle, or

where a Master is conducting a hearing by telephone or

Skype at home, an electronic bundle must be provided at

least one day before the hearing. The guidance set out in

Annex A to this note must be followed in respect of an

electronic bundle.

10. A Cause List will continue to be produced but it may be

subject to change at short notice.

11. There are likely to be more problems than usual in

answering telephone enquiries. Please communicate with

the court via email. If the matter is very urgent please copy

in the Master before whom the hearing is listed, and the

Master’s clerk.

Professional Court Users:

1. Court users should continue to E-File as usual but are

likely to experience significant delays due to a reduced

workforce.

2. Please let us know as soon as possible if a hearing is

likely to be vacated or a representative cannot attend

through illness/self isolation.

3. If you consider that a hearing is not urgent please liaise

with your opponent to see if agreement can be reached for

it to be adjourned, and if so, let QBML know as soon as

possible.

4. If any party wishes a hearing to be by telephone or Skype,

please apply for permission by email direct to the Master

before whom the hearing is listed, copied to the Master’s

clerk.

5. By issuing claims and applications electronically, there

should be no limitation issues, even if we have to close the

remaining Action Department counter.

Litigants in Person:

Litigants in person are encouraged to use E-Filing, but if

this is not possible documents should be filed at the drop

boxes provided adjacent to the Fees counter

The position may change in the forthcoming days /weeks as

we respond to developments and future government

guidance, and we shall provide details of any changes as

soon as possible.

30

18/03/2020

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/878791/QB_Mast

ers_Hearings_-

_court_user_guidance.pdf?utm_medium=email&utm_sour

ce=)

● The following QBD counters are closed until further

notice:

1. E07 – Queen’s Bench Issues, Enforcement and

Masters Listing

2. E15 – Queen’s Bench Enforcement, Deed Poll and

Bills of Sale

3. E14 – Foreign Process

4. WGO8 – Queen’s Bench Listing

5. C324 – Administrative Court Issues

6. WGO7 – Administrative Court Listing

● The guidance as at 18/03/2020 states that the following

two counters remained open:

1. Bear Garden (East Block): Bundles for Queen’s

Bench Masters hearings

2. Court 37 (West Green building): Bundles for

Queen’s Bench and Administrative Court hearings

● You can contact the court by email using the dedicated

email address for each court:

1. AdministrativeCourtOffice.GeneralOffice@hmcts.

x.gsi.gov.uk

2. AdministrativeCourtOffice.ListOffice@hmcts.x.gs

i.gov.uk

3. QBEnquiries@justice.gov.uk

4. QBJudgesListingOffice@justice.gov.uk

5. ForeignProcess.RCJ@justice.gov.uk

6. FeesRCJ@justice.gov.uk

Family Court

24/04/2020

Summary of Family business priorities previously

agreed with the President of the Family Division: 24

April 2020

Work that must be done:

All urgent orders, including but not limited to:

Public Law Children:

• Emergency Protection Orders

• Interim Care Order

31

24/04/2020

• Renewal of Interim Care Order

• Secure Accommodation Order

• Deprivation of Liberty authorisation

Private Law Children: Urgent applications

• Child Abduction Orders (including Tipstaff Orders)

• Domestic Abuse (Family Law Act) Injunctions

• Female Genital Mutilation and Forced Marriage

Protection Orders

• Divorce – urgent applications and decrees absolute

Work that will be done:

• Gatekeeping and allocation referrals – care

• Gatekeeping and allocation referrals - private

• Other family care orders/documents/emails

Work that we will do our best to do:

• Other family private law orders/documents/emails

• Adoption orders

• Divorce

• Financial remedy

• Probate

Digital Working

Please use online applications on GOV.UK whenever

possible to assist with remote working:

Divorce, for legal professionals

Divorce, for personal applicants

Financial remedy by consent, email to sign up:

HMCTSFinancialRemedy@justice.gov.uk

Private law C100 child arrangements

Public law, phased roll out so not available in all courts

yet

Probate, for professional applicants

Probate, for personal applicants

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881017/Ops_upda

te_-

_family_court_business_priorities_24_April_2020_FINA

L.pdf?utm_medium=email&utm_source=)

Making C100 applications - 24 April 2020

32

16/04/2020

Child Arrangements Order, Prohibited Steps and Specific

Issue Order applications

We’ve put arrangements in place to ensure that we can

continue to process applications for child arrangements

during the coronavirus pandemic.

Wherever possible parents and legal representatives

should use the online child arrangements service on

GOV.UK to avoid delay. More guidance on child

arrangements is available on GOV.UK.

If you cannot use an online service, please see more

information on paper applications.

Urgent applications: If you need a hearing within the next

3 days, or if there are serious safety concerns, then please

do not use the online service. Instead, you must contact

your local court. Details are available on Courts and

Tribunals Finder.

Paper applications: If you cannot use the online service,

and there are no serious safety concerns or a need for an

urgent hearing, please send paper C100 applications to:

C100 Applications

PO BOX 4936

69 Buckingham Avenue

Slough

SL1 0JR

Only 1 copy of each document is required. Please do not

send cash or postal order payments to the above address.

It is important to include telephone and email addresses

for all parties where possible. Your local court will still

deal with your application but this will allow HMCTS to

work more remotely.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881018/Family_co

urts_C100_apps_-

_Ops_update_24_April_2020.pdf?utm_medium=email&ut

m_source=)

The Remote Access Family Court (Version 4) by Mr

Justice MacDonald can be viewed here:

https://www.judiciary.uk/wp-

33

08/04/2020

25/03/2020

content/uploads/2020/04/The-Remote-Access-Family-

Court-Version-4-Final-16.04.20.pdf

President’s Guidance on Decrees during the

Coronavirus Pandemic

During the Coronavirus Pandemic it will not be possible for

decrees nisi, decrees of judicial separation, conditional

orders and separation orders to be heard in public. Pursuant

to FPR Rule 7.16 (3)(f) such hearings will take place in

private but will be recorded so that any member of the

public or the press may apply for a transcript. FPR Rule

7.21 still applies so that any party who wishes to be heard

on a question as to costs must give written notice to the

court and serve that notice on every other party not less than

14 days before the hearing; nobody should attend the court

hearing.

(https://www.judiciary.uk/wp-

content/uploads/2020/04/Decrees1.4.20.docx-internet-9-

april-2020.pdf)

Guidance on The Remote Access in the Family Court

has been issued and can be accessed here:

https://www.judiciary.uk/wp-

content/uploads/2020/03/The-Remote-Access-Family-

Court-Version-2-Final-25.03.20.pdf

This document will be updated regularly, and the new text

will appear in red

A short statement regarding Guidance on Compliance with

Family Court Child Arrangement Orders states:

1. Parental responsibility for a child who is the subject

of a Child Arrangements Order [‘CAO’] made by

the Family Court rests with the child’s parents and

not with the court.

2. The country is in the middle of a Public Health crisis

on an unprecedented scale. The expectation must be

that parents will care for children by acting sensibly

and safely when making decisions regarding the

arrangements for their child and deciding where and

with whom their child spends time.

Parents must abide by the ‘Rules on Staying at

Home and Away from Others’ issued by the

government on 23 March [‘the Stay at Home

Rules’]. In addition to these Rules, advice about

34

staying safe and reducing the spread of infection has

been issued and updated by Public Health England

and Public Health Wales [‘PHE/PHW’].

3. The Stay at Home Rules have made the general

position clear: it is no longer permitted for a person,

and this would include a child, to be outside their

home for any purpose other than essential shopping,

daily exercise, medical need or attending essential

work.

4. Government guidance issued alongside the Stay at

Home Rules on 23rd March deals specifically with

child contact arrangements. It says:

“Where parents do not live in the same

household, children under 18 can be moved

between their parents’ homes.”

This establishes an exception to the mandatory ‘stay

at home’ requirement; it does not, however, mean

that children must be moved between homes. The

decision whether a child is to move between

parental homes is for the child’s parents to make

after a sensible assessment of the circumstances,

including the child’s present health, the risk of

infection and the presence of any recognised

vulnerable individuals in one household or the

other.

5. More generally, the best way to deal with these

difficult times will be for parents to communicate

with one another about their worries, and what they

think would be a good, practical solution. Many

people are very worried about Coronavirus and the

health of themselves, their children and their

extended family. Even if some parents think it is

safe for contact to take place, it might be entirely

reasonable for the other parent to be genuinely

worried about this.

6. Where parents, acting in agreement, exercise their

parental responsibility to conclude that the

arrangements set out in a CAO should be

temporarily varied they are free to do so. It would

be sensible for each parent to record such an

agreement in a note, email or text message sent to

each other.

7. Where parents do not agree to vary the

arrangements set out in a CAO, but one parent is

sufficiently concerned that complying with the

35

24/03/2020

CAO arrangements would be against current

PHE/PHW advice, then that parent may exercise

their parental responsibility and vary the

arrangement to one that they consider to be safe. If,

after the event, the actions of a parent acting on their

own in this way are questioned by the other parent

in the Family Court, the court is likely to look to see

whether each parent acted reasonably and sensibly

in the light of the official advice and the Stay at

Home Rules in place at that time, together with any

specific evidence relating to the child or family.

8. Where, either as a result of parental agreement or as

a result of one parent on their own varying the

arrangements, a child does not get to spend time

with the other parent as set down in the CAO, the

courts will expect alternative arrangements to be

made to establish and maintain regular contact

between the child and the other parent within the

Stay at Home Rules, for example remotely – by

Face-Time, WhatsApp Face-Time, Skype, Zoom or

other video connection or, if that is not possible, by

telephone.

Coronavirus Crisis: Guidance on Compliance with

Family Court Child Arrangement Orders

During the current Coronavirus Crisis some parents whose

children are the subject of Child Arrangements Orders

made by the Family Court have been understandably

concerned about their ability to meet the requirements of

these court orders safely in the wholly unforeseen

circumstances that now apply. This short statement is

intended to offer advice but, as the circumstances of each

child and family will differ, any advice can only be in the

most general form.

1. Parental responsibility for a child who is the subject of a

Child Arrangements Order [‘CAO’] made by the Family

Court rests with the child’s parents and not with the court.

2. The country is in the middle of a Public Health crisis on

an unprecedented scale. The expectation must be that

parents will care for children by acting sensibly and safely

when making decisions regarding the arrangements for

their child and deciding where and with whom their child

spends time. Parents must abide by the ‘Rules on Staying at

36

Home and Away from Others’ issued by the government on

23rd March [‘the Stay at Home Rules’]. In addition to these

Rules, advice about staying safe and reducing the spread of

infection has been issued and updated by Public Health

England and Public Health Wales [‘PHE/PHW’].

3. The Stay at Home Rules have made the general position

clear: it is no longer permitted for a person, and this would

include a child, to be outside their home for any purpose

other than essential shopping, daily exercise, medical need

or attending essential work.

4. Government guidance issued alongside the Stay at Home

Rules on 23rd March deals specifically with child contact

arrangements. It says: “Where parents do not live in the

same household, children under 18 can be moved between

their parents’ homes.” This establishes an exception to the

mandatory ‘stay at home’ requirement; it does not,

however, mean that children must be moved between

homes. The decision whether a child is to move between

parental homes is for the child’s parents to make after a

sensible assessment of the circumstances, including the

child’s present health, the risk of infection and the presence

of any recognised vulnerable individuals in one household

or the other.

4. [5.] More generally, the best way to deal with these

difficult times will be for parents to communicate with one

another about their worries, and what they think would be a

good, practical solution. Many people are very worried

about Coronavirus and the health of themselves, their

children and their extended family. Even if 2 some parents

think it is safe for contact to take place, it might be entirely

reasonable for the other parent to be genuinely worried

about this.

5. [6.] Where parents, acting in agreement, exercise their

parental responsibility to conclude that the arrangements set

out in a CAO should be temporarily varied they are free to

do so. It would be sensible for each parent to record such an

agreement in a note, email or text message sent to each

other.

6. [7.] Where parents do not agree to vary the arrangements

set out in a CAO, but one parent is sufficiently concerned

that complying with the CAO arrangements would be

against current PHE/PHW advice, then that parent may

exercise their parental responsibility and vary the

arrangement to one that they consider to be safe. If, after the

event, the actions of a parent acting on their own in this way

37

are questioned by the other parent in the Family Court, the

court is likely to look to see whether each parent acted

reasonably and sensibly in the light of the official advice

and the Stay at Home Rules in place at that time, together

with any specific evidence relating to the child or family.

7. [8.] Where, either as a result of parental agreement or as

a result of one parent on their own varying the

arrangements, a child does not get to spend time with the

other parent as set down in the CAO, the courts will expect

alternative arrangements to be made to establish and

maintain regular contact between the child and the other

parent within the Stay at Home Rules, for example remotely

– by Face-Time, WhatsApp Face-Time, Skype, Zoom or

other video connection or, if that is not possible, by

telephone.

The key message should be that, where Coronavirus

restrictions cause the letter of a court order to be varied, the

spirit of the order should nevertheless be delivered by

making safe alternative arrangements for the child.

(https://www.judiciary.uk/wp-

content/uploads/2020/03/Coronavirus-public-guidance-

updated-31-March.pdf)

38

Consultation on

remote

hearings in the

Family Court

14/04/2020

Two-week rapid consultation on remote hearings in the

Family Court launched:

https://www.judiciary.uk/announcements/two-week-rapid-

consultation-on-remote-hearings-in-the-family-court-

launched/?utm_medium=email&utm_source=

Temporary

Amendments to

the Practice

Guidance on

Case

Management

and Mediation

of International

Child

Abduction

Proceedings

26/03/3020

Specific guidance has been issued which can be accessed

here:

https://www.judiciary.uk/wp-

content/uploads/2020/03/COVID19-Draft-Temporary-

Amendments-to-Child-Abduction-Practice-Guidance-

Final-26.03.2020.pdf

39

Insolvency and

Companies List

(Chancery

Division) -

Winding Up

List

07/04/2020

02/04/2020

31/03/2020

24/03/2020

This Insolvency Practice Direction has been introduced to

provide workable solutions or court users during the current

COVID-19 pandemic. Its intention is to avoid, so far as

possible, the need for parties to attend court in person and

to take into account the likelihood of the Court needing to

operate with limited staff and resources. It also provides

users with guidance as to the type of hearings which the

Insolvency and Companies Court list will endeavour to

provide during the period for which this practice

direction is in force.

The winding up court listing page states as follows:

The hearings shall be conducted as a public hearing. If an

interested party or media representatives wish to attend the

hearing they should contact Steven Gibbon at

steven.Gibbon@justice.uk immediately, who will inform

the Applicants/petitioner/claimants solicitors and if

possible make arrangements for them to participate via

Skype for Business.

On 31 March 2020, the winding up list was dealt with

remotely and was split into three categories – (1) HMRC

petitions conducted by telephone with no parties (2) HMRC

petitions conducted via skype with other parties (2) Non-

HMRC petitions

On 24 March 2020, ICC Judge Mullen adjourned a number

of cases affected by Covid-19 to be heard in June, which

still applies. However, if a petition needs to be heard sooner

an urgent request has to be made by parties.

On 24 March 2020, having considered the Protocol for

Remote Hearings dated 20 March 2020 and the Lord Chief

Justice’s Review of Court Arrangements due to COVID-19

dated 23 March 2020 (see above under ‘General

Guidance’), ICC Judge Mullen ordered that he was satisfied

that the general winding up list could not presently be

conducted remotely and that satisfactory arrangements to

ensure safety cannot be put in place.

The Court has therefore considered it necessary that

Petitions which were to be heard from 10:30am on 25

March 2020 should be adjourned.

The Order also states the following, with regards to an

application seeking dismissal of a petition:

40

1. Permission is given to any party seeking dismissal

of a petition before the date of the adjourned

hearing to apply on notice to the other parties and

to any person who has given notice of intention to

appear pursuant to Rule 7.14 of the Insolvency

(England and Wales) Rules 2016.

2. The application must be supported by evidence

stating the reasons for the application and setting

out the persons who have given notice of intention

to appear.

3. Any such applications and the petitions to which

they relate will be listed in a general dismissal list

to be conducted remotely by Skype or similar video

conferencing technology and the parties and any

person who has given notice of intention to appear

must contact the court 7 days before the hearing for

details of how the hearing is to be conducted.

In relation to substitution, the Order states the following:

Any party seeking substitution must comply with Rule

7.14(6) and in the absence of such compliance may not be

heard.

In relation to withdrawing a petition, the Order states:

Nothing in this order is intended to preclude a petitioner

withdrawing a petition pursuant to Rule 7.13 if a notice of

the petition has not been given under Rule 7.10; no notice

in support or opposition to the petition have been received

by the petitioner and the company consents. An application

to withdraw may be granted on paper.

In relation to any other matter, the Order states:

All affected parties shall have permission to apply in

respect of any matter concerning the petition.

Protocol for

Insolvency and

Company

Work at

Central London

County Court

24/03/2020

1. Given the current Covid-19 crisis, this protocol will

apply with immediate effect and until further notice

to insolvency and company work in the County

Court at Central London. It deals with the bulk lists

heard by Business & Property District Judges.

2. Under a standing arrangement with HMRC, no

bankruptcy order will be made on HMRC petitions

currently listed for hearing. On the hearing date, and

without attendance of HMRC or the debtor, the

Judge will order the petition to be relisted after 12

weeks. The relisted date will be sent to HMRC. The

debtor and any opposing or supporting creditors will

41

be notified by HMRC of the relisted hearing date.

The only exception to the arrangement is that

HMRC will continue to ask, on paper, for dismissal

or withdrawal of the petition where the debt has

been paid.

3. The same approach will be taken to other

bankruptcy petitions unless a request for a remote

hearing is made by email to

RCJBankCLCCDJHearings@justice.gov.uk

4. Applications in bankruptcy proceedings will be

dealt with on the first occasion on paper. Any

hearing directed after a consideration on paper will

be a remote hearing.

5. Public examinations will remain listed but only for

the Judge to make an order on paper. There will be

no attendance. The Judge will simply adjourn the

examination unless there is a request for rescission,

conclusion or a suspension of discharge from

bankruptcy. Such a request should be made by email

to RCJBankCLCCDJHearings@justice.gov.uk and

will be considered on paper.

6. Claims for extension of time to register company

charges will remain listed but only for the purpose

of the Judge considering the claim on paper. There

will be no attendance. The requirement to produce

the original charge is waived in this period and

evidence of solvency will be accepted by email to

RCJCompGenCLCC@justice.gov.uk

7. Claims for the restoration of companies to the

register will remain listed but only for the purpose

of the Judge considering the claim on paper. There

will be no attendance.

(The link for the Protocol, which opens to a Word

document, can be found on this page:

https://www.judiciary.uk/coronavirus-covid-19-advice-

and-guidance/)

Court of

Protection

24/04/2020

Summary of Family business priorities

Work that must be done:

42

31/03/2020

24/03/2020

18/03/2020

Urgent applications:

• Applications under Mental Capacity Act 2005, s

16A and s 21A

• Serious medical treatment cases

• Deprivation of Liberty

• Form COP1 Statutory Wills – where person is near

end of life.

• Safeguarding applications via the Office of the

Public Guardians

Work that will be done:

• Welfare cases

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881017/Ops_upda

te_-

_family_court_business_priorities_24_April_2020_FINA

L.pdf?utm_medium=email&utm_source=)

Guidance on remote access to the Court of Protection

can be accessed here: https://www.judiciary.uk/wp-

content/uploads/2020/04/20200331-Court-of-Protection-

Remote-Hearings.pdf

Further guidance for Judges and Practitioners in the

Court of Protection arising from Covid-19 was issued,

providing: “No hearings which require people to attend are

to take place in any County or Family Court until further

notice, unless there is a genuine urgency and no remote

hearing is possible. All cases currently being heard should

be adjourned part heard so that arrangements can be made,

where possible, to conduct the hearings remotely”.

The full guidance can be accessed here:

https://www.judiciary.uk/wp-

content/uploads/2020/04/20200324-Court-of-Protection-

COVID19-Guidance-No3-1.pdf

Additional guidance for Judges and Practitioners

arising from COVI-19 was issued on 18/03/2020,

providing guidance on a wide range of issues. The guidance

can be viewed here: https://www.judiciary.uk/wp-

content/uploads/2020/04/20200318-Court-of-Protection-

COVID19-Guidance-No2.pdf

43

13/03/2020

Visits to P by Judges and Legal Advisors.

The guidance can be viewed here:

https://www.judiciary.uk/wp-

content/uploads/2020/04/20200313-Court-of-Protection-

COVID19-Guidance-No1.pdf

Administrative

Court

31/03/2020

The Administrative Court is now working remotely. All

hearings are conducted via SKYPE or BT meet me.

The List office will contact parties to confirm how the

hearing will proceed, but this will be closer to the hearing

date.

Administrative

Court -

Applications

for

Immediate/Urg

ent

Consideration

Provided by the

Administrative

Law Bar

Association

[NB. This

guidance is only

available in

email format.

Please contact

our clerks

(contact details

provided below)

if you would like

a copy to be sent

to you.]

07/04/2020

Due to the COVID-19 pandemic and further to the most

recent Government advice regarding social distancing,

from Wednesday 25 March 2020 until further notice the

Administrative Court Office will no longer accept

applications for immediate or urgent consideration

(‘Immediates’) over the counter or by post/DX.

‘Immediates’ applications – i.e. situations where it is

contended that irreversible action will take place if the

Court does not act to prevent it, or where an expedited

judicial review is required, will now only be accepted

electronically, as follows:

1. Application must be filed by email to

administrativecourtoffice.immediates@hmcts.x.gsi

.gov.uk. This inbox will be monitored Monday to

Friday between the hours of 9:30am and 4:30pm.

Outside of these hours the existing out of hours

procedure will apply.”

2. If you are a legal representative, you must include a

PBA number in your covering email if you have one

or alternatively an undertaking to send a cheque for

the fee by post within 7 days.

3. If you are not legally represented, you must record

in writing in your covering email that you agree to

pay the court fee, or to file the relevant fee remission

documentation with the Fees Office by post within

7 days. Any court order made as a result of your

application will include a direction to this effect.

4. Your application must be accompanied by an

electronic bundle containing only those documents

44

which it will be necessary for the court to read for

the purposes of determining the application.

5. In all cases where the application is filed by a legal

representative the electronic bundle:

a. must be a single PDF not exceeding 20mb

in size;

b. must be numbered in ascending order

regardless of whether multiple documents

have been combined together (the original

page numbers of the document will be

ignored and just the bundle page number

will be referred to)

c. Index pages and authorities must be

numbered as part of the single PDF

document (they are not to be skipped; they

are part of the single PDF and must be

numbered)

d. The default display view size of all pages

must always be 100%.

e. Texts on all pages must be selectable to

facilitate comments and highlights to be

imposed on the texts.

f. The bookmarks must be labelled

indicating what documents they are

referring to (it is best to have the same

name or title as the actual document) and

also display the relevant numbers.

g. The resolution on the electronic bundle

must be reduced to about 200 to 300 dpi to

prevent delays whilst scrolling from one

page to another.

h. The index page must be hyperlinked to the

pages or documents it refers to.

Any application filed by a legal representative that does not

comply with the above rules on electronic bundles may not

be considered by a judge. If the application is filed by a

litigant in person to comply with the rules on electronic

bundles, the application must include a brief explanation of

the reasons for this.

If you are not legally represented and you do not have

access to email, you should contact the Administrative

Court Office by telephone on 020 7947 6158 (only to be

used in an emergency) so that details of your application

may be taken by telephone and alternative arrangements

made if permitted by the Senior Legal Managers/Judge on

duty.

Any other urgent queries should be sent by email to

administrativecourtoffice.generaloffice@hmcts.x.gsi.gov.u

45

k as high priority and with ‘URGENT’ in the subject line.

Any such emails will be dealt with as soon as possible.

Administrative

Court -

Guidance for

non-urgent

cases

Provided by the

Administrative

Law Bar

Association

[NB. This

guidance is only

available in

email format.

Please contact

our clerks

(contact details

provided below)

if you would like

a copy to be sent

to you.]

07/04/2020

Please note that, with immediate effect until further notice,

all usual business (i.e. non-urgent claims and applications)

is to be lodged electronically with the Administrative Court

Office. Given present circumstances, you may experience

a slight delay before claims/applications are issued, but the

date you send the claim or application will be recorded as

the date filed. It remains the responsibility of the party

sending an application or claim to ensure that it is filed

within the applicable time limits.

(1) Filing claims and appeals, and issuing non-urgent

applications

The public counters in the ACO are all now closed and so

all functions previously dealt with at the counters will now

be dealt with electronically.

All claims for judicial review, regulatory/ statutory appeals,

and planning matters will be received electronically by the

ACO and must be sent to the following email address:

administrativecourtoffice.generaloffice@hmcts.x.gsi.gov.u

k

Any extradition appeals must be sent electronically to:

administrativecourtoffice.crimex@hmcts.x.gsi.gov.uk

The ACO staff will then notify the parties by e mail of the

case reference number.

The same guidance regarding the format of electronic

bundles lodged for applications for immediate or urgent

consideration applies to any bundles lodged in relation to

non-urgent work.

The file size restriction that applies to immediate

applications will apply to all non-urgent interlocutory

applications, but will not apply to non-urgent applications

for judicial review or appeals. Nevertheless, it remains the

case that the Administrative Court Office is unable to

receive emails which are larger than 24MB. If the papers in

support of an application for judicial review or an appeal

exceed 24MB, the claimant/appellant should file:

(a) a core bundle (no larger than 24MB) which includes, as

a minimum, the Claim Form and Grounds/Notice of Appeal

and Grounds, the decision challenged, documents regarded

as essential to the claim/appeal, the letter before claim and

46

the response, and the witness statement (or primary witness

statement) in support of the claim/appeal; and

(b) a further bundle (or bundles, none to exceed 24 MB)

containing any remaining documents. Each bundle must

comply with the formatting requirements referred to above.

If you are not legally represented and you do not have

access to email, you should contact the Administrative

Court Office by telephone on 020 7947 6158 so that

alternative arrangements can be considered. The Court may

permit filing in a different or additional format for good

reason.

(2) Fees (applicable to all claims)

Whilst previously you may have attended the Fees counter

before a claim was issued to obtain a receipt, as this counter

is now closed fees will be taken in the following way:

If you have a PBA account then you need to include in your

covering letter with any application or claim you lodge that

the fee can be deducted from this account. If you do not

have a PBA account then please include in the covering

letter that you undertake to pay the requisite fee by sending

a cheque in the post within 7 days.

If you are not legally represented you must include in your

cover letter that you will pay the court fee, or file the

relevant fee remission document once the Fees counter

reopens to the public (setting out the reasons in your

covering letter why you are exempt from paying the court

fee).

(3) Responding to claims, appeals or application notices

Any response to a claim or appeal must be lodged

electronically with the ACO. All acknowledgement of

services or respondents notice (non extradition) should be

sent to:

administrativecourtoffice.generaloffice@hmcts.x.gsi.gov.u

k

In relation to extradition appeals a party should send their

respondent's notice to:

Administrativecourtoffice.crimex@hmcts.x.gsi.gov.uk

Any interlocutory applications should be sent to the general

office inbox unless the matter specifically relates to crime

or extradition in which case this should be sent to the crimex

47

in box. If the matter is urgent then the parties must highlight

this in the title of the email /flag the email as being one of

high importance.

Parties must lodge an electronic bundle so that the case can

be allocated to the judiciary to consider the application. The

rules as set out above for electronic bundles apply.

(4) Paper applications

Applications for permission to apply for judicial review,

applications for permission to appeal, and interlocutory

applications will continue to be considered on the papers as

usual. In the short term at least, the response times for all

such decisions is likely to increase.

(5) Hearings

Administrative Court cases will continue to be listed for

hearing, although hearings of non-urgent business may take

longer to come on. Most if not all hearings will be

conducted by Skype or phone, and where possible will be

conducted as public hearings. If you are asked for a time

estimate for a hearing, please take into account that hearings

by Skype or phone can last longer than those conducted in

person, and adjust your estimate accordingly.

(6) Orders

These will be served by email on all parties.

High Court

Business

26/03/2020

Contingency Plan for Maintaining Urgent Court

Hearings

Extracts:

This plan identifies (i) the “urgent business” and the

“business as usual” that will be dealt with by the High Court

during the pandemic, and (ii) the processes that have been

put in place to enable that to happen.

In outline, any business that would be sufficiently urgent to

warrant an out of hours application in normal times will be

considered urgent business for the purpose of this plan.

Business that is not urgent business (“business as usual”)

will also continue to be dealt with during this period, as far

as possible and in accordance with the contingency plans

put in place by the different Divisions and Courts. Urgent

business will, however, be given priority.

48

The process to be followed is similar to that followed in

normal times to make an out of hours application in the

court concerned.

In general terms, applicants should email the relevant email

address below. They will then be referred to the duty listing

officer who will work with the duty judges in the relevant

Division or Court, depending on the nature of the business,

to decide what arrangements will be made for a hearing,

including a remote hearing, to take place. That email

address should also be copied in for all communications to

the court.

The Divisions or Courts will deal according to their own

separate procedures with business as usual.

At any one time during the normal working week, at least

one judge from each of the Queen’s Bench Division, the

Administrative Court, the Commercial Court, the

Technology and Construction Court, the Court of

Protection, the Family Division and the Chancery Division

will be available to deal remotely with the business of that

jurisdiction, including urgent business. A single duty judge

from each of the Queen’s Bench Division, the Family

Division and the Chancery Division will be available

outside normal working hours for the same purpose, in the

usual way. The out of hours provision remains unchanged.

Contact emails:

QBD, including Media & Communications:

qbjudgeslistingoffice@justice.gov.uk

Family Division: rcj.familyhighcourt@justice.gov.uk

Chancery Division:

ChanceryJudgesListing@Justice.gov.uk

Commercial Court Listing: comct.listing@justice.gov.uk

Technology and Construction Court Listing:

tcc.listing@justice.gov.uk

Insolvency & Companies Judges Clerks:

rolls.icl.hearings1@justice.gov.uk

Chancery Masters Appointments:

chancery.mastersappointments@Justice.gov.uk

49

Administrative Court:

administrativecourtoffice.immediates@hmcts.x.gsi.gov.uk

High Court and

Court of

Appeal

01/04/2020

The High Court and Court of Appeal will be covering

the following work today (1 April 2020):

Court of Appeal (Civil)

● Urgent work (applications and hearings) only; all

hearings are being held remotely

● Counter closed, email contact available

Please see below for further guidance

Court of Appeal (Criminal)

● Urgent work (applications and hearings) only

● Counter closed, drop off and email contact available

High Court

● High Court work is being conducted according to the

High Court Contingency Plan (see judiciary.uk) (also

see above in this document)

● Civil hearings continue to be conducted remotely,

where possible and as appropriate with reference to

the Remote hearings protocol for civil hearings (see

judiciary.uk) (also see above in this document)

Senior Courts Costs Office

● Hearings continue to be conducted remotely, where

possible and as appropriate with reference to the

Remote hearings protocol for civil hearings (see

judiciary.uk) (also see above in this document)

● Counter remains open

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/877240/HMCTS_

RCJ_Update_Template_1_April_2020.pdf?utm_medium=

email&utm_source=)

Court of

Appeal

24/04/2020

Royal Courts of Justice Court of Appeal urgent

business priorities (24 April 2020):

We are only dealing with urgent applications in the Civil

Appeals Office.

Urgent work means applications where it is essential in the

interests of justice that there be a substantive decision

within the next 7 days.

50

Urgent applications should only be sent by email between

9am and 4.15pm to:

civilappeals.urgentwork@justice.gov.uk

Within 7 days of the public fees office reopening you’ll

need to pay the application fee or complete the relevant

“help with fees” application

We’ll acknowledge your application and aim to process it

as quickly as possible.

Non urgent applications should be emailed to:

civilappeals.registry@justice.gov.uk

Within 7 days of the public fees office reopening you’ll

need to pay the application fee or complete the relevant

“help with fees” application

Your application will be dealt with as we increase our

capacity to manage new non-urgent work.

All appellant’s notices will be accepted on the basis that

they may be rejected at a later date.

The public counter at E307 remains closed and we have

temporary suspended the “drop box” service.

Bundles should not be provided electronically unless

specifically requested by the Court.

All other documents should be filed electronically and all

other queries should continue to be emailed to the following

addresses: Civilappeals.cmsa@justice.gov.uk

Civilappeals.cmsb@justice.gov.uk

Civilappeals.cmsc@justice.gov.uk

Civilappeals.listing@justice.gov.uk

Civilappeals.associates@justice.gov.uk

As we increase work capacity we’ll look to provide a

limited telephone service for users. The court will issue

orders electronically for the time being.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881027/RCJ_CO

A_urgent_business_priorities_24_April_2020.pdf?utm_m

edium=email&utm_source=)

51

First-Tier

Tribunal and

Upper Tribunal

19/03/2020

19/03/2020

A Pilot Practice Direction on Contingency Arrangements in

the First-Tier Tribunal and the Upper Tribunal. It can be

accessed here:

https://www.judiciary.uk/wp-

content/uploads/2020/03/General-Pilot-Practice-Direction-

Final-For-Publication-CORRECTED-23032020.pdf

PILOT PRACTICE DIRECTION: PANEL

COMPOSITION IN THE FIRST-TIER TRIBUNAL AND

THE UPPER TRIBUNAL

However, while this Pilot Practice Direction remains in

force, the following provisions will also apply to all

decisions (whether on preliminary issues, or those that

determine proceedings): a. If a salaried judge considers that

a case could not proceed, or would be subject to

unacceptable delay, if the Standard Composition

Arrangements were applied, that judge may decide that the

case shall be heard by a judge alone, or by panel consisting

of fewer or different members. b. When making a decision

under paragraph 6.a., salaried judges must have regard to

the urgency within which a case needs to be heard and the

need to ensure the case is dealt with in accordance with the

overriding objective. c. Where a salaried judge decides to

alter the composition requirements in accordance with

paragraph 6.a., that salaried judge may determine which

members will hear the case, and can select salaried or fee

paid members. 7. For the purposes of paragraph 6 above, a

‘salaried judge’ is: a. A salaried judge of the relevant

Chamber; or b. A salaried judge assigned to the relevant

Chamber; or, c. A salaried surveyor member of Upper

Tribunal Lands Chamber. Involvement of Non-Legal

Members not on a panel 8. If the composition arrangements

for a case are altered from what they would have been under

the Standard Composition Arrangements, the tribunal may

seek the advice of one or more nonlegal members to assist

with its decision-making, provided the advice is recorded

and disclosed to the parties.

52

Practice

Direction

Property

Chamber,

First-tier

Tribunal

Lodging

Applications

and Documents

by Email And

Areas in the

Property

Chamber

26/03/2020

Practice Direction Property Chamber, First-tier Tribunal

Lodging Applications and Documents by Email And Areas

in the Property Chamber

1. Until further notice new applications and appeals should

be lodged with the Tribunal by email. All correspondence

and case management documentation for current and new

applications should be lodged with the Tribunal by email.

No further consent from the Tribunal in accordance with

rule 16(1)(c) is required.

2. Practice Direction – Property Chamber, First-tier

Tribunal, Areas in the Property Chamber is suspended until

further notice. Applications may be made to any office of

the First-tier Tribunal (Property Chamber) (Residential

Property)”.

First-Tier

Tribunal

(Property

Chamber)

15/04/2020

PROPERTY CHAMBER (FIRST-TIER TRIBUNAL)

• Residential Property

• Land Registration

• Agricultural Lands & Drainage

HELP FOR USERS

1. During the Covid 19 pandemic, the Property Chamber

has identified the following priorities:

(a) The health and safety of users, judiciary and staff;

(b) Adjudication in urgent cases;

(c) The orderly management of the remainder of the

Chamber caseload; and

(d) The use of technology to support process, procedure and

hearings.

2. All face to face hearings and mediations listed until the

end of May 2020 have been postponed. Whether face to

face cases listed beyond that date also require postponement

will be considered during April 2020.

3. Two of the five Property Chamber offices are closed.

Staff are to be provided with lap-tops. In about 90% of our

cases, Residential Property staff will be able to access the

Chamber CMS (Case Management System) and administer

cases from home, albeit at a slower rate than from the office.

Salaried judiciary are also being provided with access to the

CMS and will be able to access case files remotely and

without paper files. Although this does not apply to Land

Registration cases, emails and case management continue

to be dealt with. All users have been asked to communicate

53

26/03/2020

with the Tribunal by email. Post is not being opened in the

London or Southern office.

4. Case management is being conducted on paper, by

telephone and by video. Final determinations will be made

on consideration of documents alone or following a

telephone or video hearing. Some cases must be dealt with

in face to face hearings and these will not be listed until it

is safe to do so. Inevitably, it is taking longer than usual to

deal with our work.

5. We receive very few urgent cases in the Property

Chamber. These may include: urgent applications for the

appointment of a manager; urgent applications for special

interim management orders; appeals against emergency

prohibition orders; appeals against emergency

improvement notice and urgent applications for the

dispensation of consultation. We have agreed procedures

for the identification and determination of urgent matters.

6. New applications are being received by email and by

post. Applications by post may be delayed. The number of

applications we receive seems to have remained constant

which may reflect the time-limited nature of many of our

jurisdictions.

7. We believe that with the co-operation of the parties, we

will be able to manage our caseload in good order and

continue to provide a reasonable service even where offices

are closed.

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Property-Chamber-

First-Tier-Tribunal-Help-for-Users.pdf)

Practice Direction

Property Chamber, First-tier Tribunal Lodging

Applications and Documents by Email And Areas in

the Property Chamber

1. Until further notice new applications and appeals should

be lodged with the Tribunal by email. All correspondence

and case management documentation for current and new

applications should be lodged with the Tribunal by email.

No further consent from the Tribunal in accordance with

rule 16(1)(c) is required.

2. Practice Direction – Property Chamber, First-tier

Tribunal, Areas in the Property Chamber is suspended until

54

19/03/2020

further notice. Applications may be made to any office of

the First-tier Tribunal (Property Chamber) (Residential

Property)”.

Sir Ernest Ryder

Senior President of Tribunals

26/03/2020

(https://www.judiciary.uk/wp-

content/uploads/2020/03/2020_03_26_First-tier-Tribunal-

Lodging-Applications-and-Documents-by-Email-

Property.pdf)

A guidance for users during COVID 19 pandemic can be

viewed here: https://www.judiciary.uk/wp-

content/uploads/2020/03/2020_03_19_FtT-Property-

GUIDANCE-FOR-USERS-DURING-COVID-19-

PANDEMIC.pdf

First Tier

Tribunal Tax

Chamber

24/04/2020

Since 6 April 2020 staff in the Birmingham office have

moved to rota working and focus on core areas.

SEE BELOW FOR DIRECTIONS ON A GENERAL

STAY ISSUED ON 21 APRIL 2020

https://www.judiciary.uk/wp-content/uploads/2020/04/02-

Apr-20-SPT-FtT-Tax-Chamber-announcement-of-

reduced-service.pdf

They will focus on:

• Monitor the public facing taxappeals@justice.gov.uk

inbox, open post and respond to call back referrals from the

Loughborough Call Centre

• Action priority correspondence/queries

• Register, acknowledge and serve new appeals

• Follow-up work on cases where we’ve cancelled hearings

to work with parties and support Judiciary to arrange paper

determinations, telephone or video hearings

• Continue to process ‘Default Paper’ cases from receipt

through to determination, working with HMRC to use

digital/electronic transmission of documents wherever

possible

• Post hearing action, prioritising the issue & publication of

Judicial decisions

55

21/04/2020

Tribunal users should continue to use email, phone and post

channels.

All face-to-face hearings for hearings listed up to 31 August

2020 have been cancelled.

A small number of cases remain in the list where the parties

had already agreed to a video or telephone hearing or where

the matter was to be determined on the paper. However,

these cases can only proceed if the judges and the parties

are able to access the hearing papers and bundles.

Where HMRC is unable to provide the usual paper bundles,

the tribunal is looking at ways to send hearing bundles

electronically to the judiciary for the remaining cases in the

list as an alternative to face-to-face hearings. This needs to

be achieved safely and securely.

Following the general stay issued on 24 March 2020, all

current proceedings in the Tax Chamber are stayed for 28

days until 21 April 2020 and any time limits in those

proceedings are extended by 28 days. The stay and

extension of time do not affect any directions issued by the

Tribunal after 24 March 2020.

https://www.judiciary.uk/wp-

content/uploads/2020/03/200326-COVID-19-FTT-Tax-

Chamber-Amended-General-Stay.pdf

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881021/First_tier_

tax_tribunal_update_24_April_2020.pdf?utm_medium=e

mail&utm_source=)

DIRECTIONS FOR A FURTHER GENERAL STAY

IN RELATION TO CERTAIN PROCEEDINGS

In order to mitigate the impact of the Covid-19 pandemic

on proceedings in the Tax Chamber while allowing the

administration and hearing of appeals to continue to the

greatest extent possible, I consider it appropriate to make

the following Directions extending, in relation to certain

proceedings, the general stay of all proceedings made by

Directions released on 24 March 2020 as amended and

released on 26 March 2020

Accordingly, it is directed that

56

15/04/2020

1. With immediate effect, all proceedings received by

the Tribunal before 24 March 2020 and assigned at any time

before the date of release of these Directions to the standard

or complex category are further STAYED up to and

including 30 June 2020 and the dates of all hearing

windows and for compliance with all time limits in those

proceedings are further EXTENDED by 70 days.

2. These Directions DO NOT STAY OR EXTEND time

limits in any Directions made by the Tribunal on or after 24

March 2020 in relation to specified proceedings.

3. Any party to proceedings to which the stay and/or

extension set out in these Directions applies may apply for

these Directions to be amended, suspended or set aside or

for further Directions in relation to those proceedings.

For the avoidance of doubt, these Directions DO NOT:

(1) change any time limits in proceedings other

than those assigned to the standard or complex

category on or before the date of release of these

Directions which remain as extended by the general

stay made by Directions released on 24 March 2020;

(2) apply to any proceedings received by the

Tribunal on or after 24 March 2020;

(3) extend any statutory time limit for notifying an

appeal to the Tribunal; or

(4) apply to extend the time limit for appealing any

decision in relation to proceedings assigned to the

standard or complex category on or before the date of

release of these Directions further than already

extended by the Directions released on 24 March

2020.

JUDGE GREG SINFIELD

CHAMBER PRESIDENT

Release date: 21 April 2020

The direction can be found on the Judiciary website, and it

downloads as a word document:

https://www.judiciary.uk/coronavirus-covid-19-advice-

and-guidance/?utm_medium=email&utm_source=

TAX CHAMBER (FIRST-TIER TRIBUNAL)

HELP FOR USERS

INTRODUCTION

57

This statement has been made by the Chamber President to

give guidance to Tribunal users about changes to the way

the Tax Chamber will deal with proceedings during the

COVID-19 (Coronavirus) pandemic. It summarises the

Practice Statements, Directions and announcements

previously made by the Tax Chamber which are available

on the COVID-19 guidance page on the Judicial and

Tribunals website. This guidance may be reviewed,

amended or revoked at any time.

GENERAL ADMINISTRATION

The administration of the First-tier Tribunal (Tax Chamber)

is based in Birmingham. In response to the impact of the

pandemic COVID-19 and to protect the health and

wellbeing of our staff and the wider community, the office

remains open but is only staffed by a core team. Other staff

are working remotely in so far as they are able to do so.

In order to allow the Chamber’s administrative staff to deal

with correspondence and progress proceedings, parties

should use email for all communications (including service

of witness statements, documents and authorities) with the

Tribunal unless they are unable to do so. If a party is not

able to use email for any reason, the Tribunal must be

informed as soon as possible so that alternative

arrangements can be considered.

All emails and communications will be acknowledged and

replied to in due course. Please be patient, as it may take

time to deal with any backlog.

STARTING PROCEEDINGS AND TIME LIMITS

Appellants should, where possible, submit notices of appeal

online at https://www.gov.uk/tax-tribunal/appeal-to-

tribunal or by email. Except where the online appeal service

is used, the parties should expect delays in receiving any

acknowledgement of receipt of an appeal from the Tribunal.

Appellants should continue to comply with the relevant

time limits for lodging an appeal. Where they are unable to

submit their notice of appeal within the prescribed time

limit, they should submit it as soon as possible with an

application for permission to appeal late explaining why the

notice of appeal was not provided in time.

All cases in the Tax Chamber are allocated to one of four

categories. Those categories remain unaltered save that, for

the time being, the matters that may be categorised as

default paper cases include the following:

58

(1) in relation to all taxes and duties, appeals against

penalties amounting to not more than £20,000 for late filing

of returns, statements, accounts or documents and late

submission of notices of being chargeable to tax; and

(2) appeals against penalties amounting to not more than

£20,000 for late payment of any tax or duty.

All parties must continue to comply with directions issued

by the Tribunal. A general stay was issued on 24 March

2020 which stayed all current proceedings in the Tax

Chamber for 28 days until 21 April 2020 and extended any

time limits in those proceedings by 28 days. The stay and

extension of time do not affect any directions issued by the

Tribunal after 24 March 2020.

HEARINGS AND OTHER DETERMINATIONS

Until further notice, there will be no hearings at which

persons are physically present in any proceedings in the Tax

Chamber. All applications and substantive appeals will be

dealt with on papers/email as far as possible and decided by

a judge sitting alone. If a matter cannot be dealt with on

papers, a hearing by telephone (or video if available) will

be arranged as soon as possible. Telephone and video

hearings will be recorded where practicable.

All judges of the Tax Chamber will work remotely.

Accordingly, parties should, wherever possible, provide to

the Tribunal by email an electronic copy of each of the

documents, preferably in an editable format, necessary for

the judge to make the relevant determination.

If a case is not suitable for hearing by telephone or video, it

will be listed for a physical hearing on a date in the future

when it is safe to do so. For the time being, a hearing

involving physical attendance may take place only with the

permission of the Chamber President or his delegate. Such

permission will only be granted if it is a priority case and

necessary to do so in all the circumstances.

All hearings in the Tax Chamber are held in public unless

the Tribunal directs otherwise in any particular case. Any

representatives of the media or any other member of the

public who wishes to attend a hearing that is to be

conducted by telephone or video should email

taxappeals@justice.gov.uk so that the Tribunal can

consider what arrangements may be made.

59

03/04/2020

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Tax-Chamber-First-

Tier-Tribunal-Help-for-Users.pdf)

COVID-19 ANNOUNCEMENT OF REDUCTION IN

SERVICE IN THE FIRST-TIER TRIBUNAL TAX

CHAMBER ADMINISTRATIVE CENTRE

The administration of the First-tier Tribunal (Tax Chamber)

is based in Birmingham. In response to the impact of

COVID-19 (Coronavirus) and to protect the health and

wellbeing of our staff and the wider community, we have

made some temporary changes to the working

arrangements at the Birmingham office. The office is

currently open but is only staffed by a core team working

split shifts to manage current workload as far as possible

and within social distancing guidelines. All other staff who

are able to do so are working remotely. Inevitably, these

arrangements will have an impact on the ability of the office

to deal with correspondence and proceedings.

Appellants should, where possible, submit notices of appeal

online at https://www.gov.uk/taxtribunal/appeal-to-tribunal

or by email. Except where the online appeal service is used,

the parties should expect delays in receiving any

acknowledgement of receipt of an appeal from the Tribunal.

Appellants should continue to comply with the relevant

time limits for lodging an appeal. Where they are unable to

submit their notice of appeal within the prescribed time

limit, they should submit it as soon as possible with an

application for permission to appeal late explaining why the

notice of appeal was not provided in time.

All parties must continue to comply with directions issued

by the Tribunal. Following the general stay issued on 24

March 2020, all current proceedings in the Tax Chamber

are stayed for 28 days until 21 April 2020 and any time

limits in those proceedings are extended by 28 days. The

stay and extension of time do not affect any directions

issued by the Tribunal after 24 March 2020.

All emails and communications will be acknowledged and

replied to in due course. Please be patient, as it may take

time to deal with any backlog.

(https://www.judiciary.uk/wp-

content/uploads/2020/04/02-Apr-20-SPT-FtT-Tax-

Chamber-announcement-of-reduced-service.pdf)

60

24/03/2020 The FTT Tax Chamber stayed all proceedings for a period

of 28 days commencing on 24 March 2020. The relevant

direction can be found here: https://www.judiciary.uk/wp-

content/uploads/2020/03/200326-COVID-19-FTT-Tax-

Chamber-Amended-General-Stay.pdf

A provisional practice statement pertaining to the

categorisation of cases has been issued:

https://www.judiciary.uk/wp-

content/uploads/2020/03/Provisional-Practice-Statement-

on-Categorisation-in-Tax-Chamber.pdf

The First Tier

Tribunal (War

Pensions and

Armed Forces

Compensation

Chamber)

15/04/2020

HELP FOR USERS

1. WPAFCC suspended operations in March as a result of

the pandemic. The Chamber’s offices at Fox Court in

London were closed and remain so. The Chamber has no

digital capability and so requires access to papers in order

to operate.

2. As a result all hearings from 23 March onwards were

postponed and no hearings are being listed at present and

for the foreseeable future. No case management work is

being undertaken.

3. The email inbox is being monitored but at present,

because there is no access to the case files, the Chamber is

not able to respond to most correspondence relating to

specific cases. If there is an urgent matter, every effort will

be made to respond but what can be done is likely to be very

limited without access to the file. The Chamber is not able

to access post.

4. The Chamber is working with HMCTS in order to find a

solution to this situation. The aim is, in due course, to

resume interlocutory work and make case management

directions on cases that require them.

5. Once the Chamber has sufficient administrative

resources and is able to function to a sufficient degree from

Fox Court, the intention is to list cases for hearing. The

priority for listing (subject to exceptional considerations)

will be to re-list those hearings which have been postponed.

As far as possible the date order of the postponed hearings

will be respected, but this will be subject to other factors

such as availability of parties, representatives, panels, etc.

After that, we hope to list other cases for hearing. Hearings

are likely to be carried out remotely (by telephone, skype or

other similar technology). Further guidance will be issued

61

25/03/2020

regarding the conduct of hearings, when the Chamber is

able to resume operations.

6. At this stage, it is not possible to say when any of the

above will be commence. Moreover, when operations

resume it is likely that initially it will be with significantly

reduced resources and so things are likely to take longer

than usual.

7. The work of Veterans UK and Royal British Legion is

also significantly disrupted by the pandemic. It is not yet

known how this will impact on the work of the Chamber.

8. The Chamber is using this period to update resources and

to prepare online training for judicial office holders, in

anticipation of resumption of service in due course. For

further guidance see the Corona Pandemic guidance for

WPAFCC on the Judiciary and Tribunals website.

(https://www.judiciary.uk/wp-

content/uploads/2020/04/115-Apr-20-The-First-tier-

Tribunal-War-Pensions-and-Armed-Forces-

Compensation-Chamber-Help-for-Users.pdf)

The FTT has issued relevant Guidance for Users. Extracts:

The War Pensions and Armed Forces Compensation

Chamber (‘WPAFCC’) has suspended operations as a result

of the Coronavirus Pandemic. The Chamber’s offices at

Fox Court in London are closed. The Chamber cannot

operate without access to papers and specialist members. It

has no digital capability.

All hearings have been cancelled.

The parties should seek to comply with any directions that

have been made. Where the impact of the Coronavirus

Pandemic leads to delay in complying with directions, a

brief explanation should be provided

The Rules require appeals to be sent to Veterans UK.

Veterans UK will retain new appeals until the Chamber is

able to process them.

Applications under Part 4 of the Chamber’s Rules or for

directions should be sent to the Chamber by email to the

following email address:

armedforces.chamber@justice.gov.uk. Urgent applications

may be sent to the Chamber email address and marked

62

“URGENT”. However, as staff do not have access to the

files, there will be very little that they can assist with.

Note that appeals must not be sent to this email address, but

should be sent to Veterans UK (see paragraph 7 above). If

it is not possible to use email, then post may be used and an

explanation given as to why email has not been used.

There has been no change to the time limits for appealing

or complying with the Rules or case management

directions.

Health,

Education &

Social Care

Chamber

(First-Tier

Tribunal)

15/04/2020

• Special Education Needs & Disability (SEND)

• Care Standards (CS)

• Primary Health Lists (PHL)

HELP FOR USERS

In accordance with the Chamber President and Deputy

Chamber President’s guidance of 19 March 2020, all of

our jurisdictions have moved to fully digital working and

every hearing will proceed as already listed but without

physical face to face hearings.

Every case will be listed for a Kinly CVP video hearing

with backup arrangements for parties and witnesses to

participate by telephone, if necessary. In a small number

of cases, there will be good reason why the hearing cannot

proceed by video or telephone and those, together with

appeals which are not ready to be heard, will be stayed,

initially for 12 weeks. Parties will be granted permission

to request that the stay be lifted on five days’ notice to the

other party.

Appeals will continue to be heard by panels of two or

three judicial office holders chaired by a judge.

Any member of the public or media representative who

wishes to view a video hearing in the First-tier Tribunals

Care Standards and Primary Health Lists will be provided

with contact information in order to do so subject only to

availability where there is a demand. Details are included

on the daily hearing lists which are published on the

GOV.UK website.

63

The First-tier Tribunal Special Education Needs and

Disability does not normally list during school holidays

but we are able to take advantage of the lockdown and can

offer additional hearings for appeals which have been

previously postponed due to pressure of work and the

availability of resources. Parties may ask for hearings

which are ready to be heard to be relisted at short notice

during the two weeks commencing 6 April 2020.

The SEND administration is issuing updates to our users

as the situation develops. If you wish to join the users’

mailing list, then please contact the administration by

emailing your details to send@justice.gov.uk.

In accordance with the Senior President of Tribunals

Practice Directions the following additional measures will

be considered during the pandemic. The composition of

the tribunal panel may be changed if that is necessary in

individual cases or types of cases in Care Standards and

Primary Health Lists to facilitate the disposal of cases. In

all SEND, CS and PHL jurisdictions, making a decision

on the papers will be canvassed with the parties where that

is in accordance with the interests of justice and

proportionality. Consideration will also be given in some

types of SEND appeals to utilising Early Neutral

Evaluation (ie a provisional indication by a judge or a

judge and specialist member about the merits of an

appeal).

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Health-Education-

and-Social-Care-Chamber-First-Tier-Tribunal-SEND-CS-

and-PHL-Help-for-Users.pdf)

Social

Entitlement

Chamber

(First-Tier

Tribunal)

15/04/2020

• Social Security and Child Support

• Criminal Injuries Compensation

• Asylum Support

HELP FOR USERS SOCIAL SECURITY AND

CHILD SUPPORT

1. The most urgent hearings are for appellants who have no

benefit in payment. This will have arisen from Universal

Credit and Jobseeker Allowance sanctions and failure to

attend a medical assessment when benefit is stopped for a

period and can have immediate knock-on effects in relation

to Housing Benefit leading to repossession of the home. In

the current situation, although much less frequent, there are

also urgent appeals against refusal to fund funeral costs.

64

2. All cases described in paragraph 1 are decided by an

authorised judge sitting alone who will consider the papers

and either a) where it is appropriate, make a decision which

is completely in the appellant’s favour or b) direct a remote

telephone hearing.

3. The next most urgent hearings are for Personal

Independence Payment where benefit was in payment

which has been removed usually as a consequence of

‘revision’ or ‘supersession’. Particular urgency arises when

appellants, who may already have severe illness, including

severe mental illness, realise that their appeal may not go

ahead as planned because of the restrictions in face to face

hearings that are not remote. Appellants can request an

urgent hearing giving reasons and this will be considered

by an authorised judge sitting alone on the papers. It may

be possible for that judge to make an immediate decision (if

completely in favour of the appellant) or to direct a remote

telephone hearing.

4. Appeals which were previously heard by a three-person

panel may temporarily be decided remotely by a judge

sitting alone in accordance with the SPT’s Practice

Direction. All appeals which necessitate a hearing before a

panel sitting remotely will be listed before a panel where

that is directed by the judge sitting alone.

CRIMINAL INJURIES COMPENSATION

1. CIC appeals are normally heard throughout the country

by a three-member panel. These face to face hearings

cannot take place at the moment.

2. The compensation applied for is not a means tested

benefit but a one-off payment to compensate a victim for a

crime of violence. Appellants do not rely upon the

compensation for day-to-day expenses, but of course it is

intended to compensate them and to help aid their recovery.

Medical reports and assessments are a necessary part of the

process and these are now delayed or not immediately

available.

3. The CICA’s resources are very limited and significantly

disrupted by Covid 19. It now operates a very limited

service.

4. Urgent decisions can still be made by salaried single

judges sitting alone on consideration of the papers. Judges

65

may also give directions for the preparation of future

hearings and for remote hearings when they commence.

5. In view of the above it was decided that panels would not

sit and appeals would be suspended until 14 April 2020. It

has now been agreed that some hearings which can

appropriately be heard by a judge sitting alone and remotely

in accordance with the SPT’s Practice Direction will

recommence from 27 April 2020. Hearings before a full

panel sitting remotely are planned to recommence on 4 May

2020. A further review will take place to consider the

viability of extending the hearing programme on 11 May

2020. All remote hearings will be conducted remotely by

telephone conferencing using BTMeetMe.

ASYLUM SUPPORT

Following discussions with the Home Office on decision

making processes that are feasible during the Covid-19

outbreak, the following will apply:

a) The Home Office will not make any new decisions to

refuse or discontinue support to asylum seekers/failed

asylum seekers and their dependants for the time being.

b) Any remaining appeals received, will be dealt by the

judiciary as quickly as possible;

c) Save in exceptional urgent cases, face to face hearings

will not be listed.

d) With effect from Friday 10 April changes to the

Tribunal’s procedure rules will permit the Tribunal to make

decisions without a hearing. From that date a judge will

have discretion to direct a paper decision in every case

unless the interest of justice require that a hearing is held;

where a hearing is necessary it will be directed to take place

remotely and before a judge sitting alone in accordance

with the SPT’s Practice Direction.

e) If necessary, the Tribunal will use rule 5(2)(a) to extend

the time required to comply with any rule, practice direction

or to dispose of proceedings;

f) The Home Office has confirmed that where an appellant

is already in receipt of support, they will continue to receive

it until the AST makes a final decision on the appeal which

may not be within the usual timescales.

Practice Directions

66

Pilot Practice Direction: Contingency Arrangement in the

First-tier Tribunal and the Upper Tribunal

Pilot Practice Direction: Panel Composition in the First-

tier Tribunal and the Upper Tribunal

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Social-Entitlement-

Chamber-First-Tier-Tribunal-Help-for-Users.pdf)

67

Health,

Education and

Social Care

Chamber of the

First-Tier

Tribunal

(Mental Health)

24/04/2020

15/04/2020

Guidance to Tribunal users on joining hearings being

conducted by telephone.

• All face to face hearings will be changed to

telephone hearings for the foreseeable future.

You’ll receive a new hearing notice which contains

joining instructions.

• You’ll need to supply the Tribunal with telephone

number for the patient on the Telephone Attendee

Form. At the telephone hearing the Judge will

phone the patient and join them to the call.

• For non-section 2 patients we need THE

Telephone Attendee Form no later than 6 days

before the telephone hearing, for section 2 hearings

we need the form 24 hours before the telephone

hearing.

• Any phone handset or mobile phone can be used to

join the telephone hearing. If you don’t have

access to a telephone or mobile phone then please

put this in writing to the Tribunal for it to be

considered.

• If any details change then please inform the

Tribunal as the Judge needs to know who is joining

the hearing and if they need to phone the person to

invite them to join.

• The MHA must submit the reports no later than 24

hours before the hearing, these can be emailed to

MHTSection2Reports@justice.gov.uk

• A nearest relative can join the telephone hearing

and they will sent a form to fill in which will be

sent to them. They must provide a telephone

number so the Judge can call them and join them to

the hearing.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881022/Daily_Co

mms_Update_-

_MHT_24_April_2020.pdf?utm_medium=email&utm_so

urce=)

HELP FOR USERS

Due to the current pandemic, Mental Health Tribunals are

now happening by video or telephone to ensure patients

who are sectioned still have access to a hearing.

What this means

68

Our cases will continue to be scheduled by staff at a central

administration centre. Instead of three people being on your

Tribunal, the decision about whether you need to be

sectioned will be made by a Judge who will hear the case

alone. This is because we have less support because of the

coronavirus. The Judge can call on specialist advice if they

need to from one of our medical or specialist lay members.

Our usual rules and practice directions have been changed

to allow this to happen. You can find out more about the

changes on the Courts and Tribunals Judiciary website. If

you think that your hearing needs to happen in a different

way you can ask the Tribunal to do this.

At the moment people cannot meet together. Because of this

the patient cannot see a medical member of the Tribunal

before the hearing. We cannot visit hospitals. We are

continuing to make decisions, respecting patients, hospital

staff, representatives and tribunal members safety by

having video and telephone hearings wherever that is

appropriate.

The Judge will hear your case either over the telephone or

by video. The Judge will have already seen the usual reports

from the doctor, nurse and care coordinator (or other staff

from the community team). The judge will hear what you

(the patient) have to say and what your representative has

to say where you have one. All witnesses who take part in

the hearing will also do so by telephone or video. They are

able to talk to the Judge from different places, but all

witnesses will be able to hear what each other says.

Some of our hearings may not be able to go ahead

At the moment, we are still able to hear the cases of all

patients who are sectioned in hospitals. Unfortunately, we

are not able to hear cases for community patients on a CTO

or those who have already been conditionally discharged,

because of the difficulties we have in organising hearings

where everyone can participate. These cases will be put off

until we can hear them unless you or your representative

make an application to the Tribunal to explain why your

case must go ahead. You can do this by sending an email to

mhtcasemanagementrequests@justice.gov.uk

How long will these changes last?

These changes will only last for as long as is necessary and

are constantly being considered by the Tribunal and the

Judges who work in it.

69

19/03/2020

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-SHealth-Education-

and-Social-Care-Chamber-First-Tier-Tribunal-Help-for-

Users.pdf)

PILOT PRACTICE DIRECTION: HEALTH,

EDUCATION AND SOCIAL CARE CHAMBER OF THE

FIRST-TIER TRIBUNAL (MENTAL HEALTH).

Extracts:

Composition:

While this Pilot Practice Direction remains in force, the

provisions of the Composition Statement that apply to

mental health cases shall be amended so that a judge alone

shall make every decision (including decisions that dispose

of proceedings) unless the Chamber President, Deputy

Chamber President or such other salaried judge as may be

authorised by the Chamber President or Deputy Chamber

President, considers it to be inappropriate in a particular

case, in which event a two or three person Panel may make

the decision. Disposal of proceedings without a hearing

In cases where: (a) a reference has been made under section

68 of the Mental Health Act 1983 (duty of managers of

hospitals to refer cases to tribunal); and (b) the patient is a

community patient aged 18 or over the Tribunal should

suggest to the patient or their representative (as appropriate)

that the proceedings are dealt with on the papers, unless,

having regard to the overriding objective, it considers this

to be inappropriate.

If the patient/their representative agrees in writing that they

do not require a hearing, the Tribunal may determine the

matter on the papers in accordance with Rule 35(3) of the

2008 Rules. Pre-hearing Assessments

Rule 34 of the 2008 Rules requires that in certain

circumstances, an appropriate member of the Tribunal

must, so far as practicable, examine the patient in order to

form an opinion of the patient's mental condition.

During the Covid-19 pandemic it will not be ‘practicable’

under rule 34 of the 2008 Rules for any PHE examinations

to take place, due to the health risk such examinations

present. Involvement of Non-Legal Members not on a panel

If the composition arrangements for a case are altered from

what they would have been under the Standard

Composition Arrangements, the tribunal may seek the

70

advice of one or more nonlegal members to assist with its

decision-making, provided the advice is recorded and

disclosed to the parties.

Guidance from the Chamber President and Deputy

Chamber President of HESC regarding the Mental Health

jurisdiction.

The Senior President has issued an emergency practice

direction to cover the next six months. We will prioritise S2

and CD recall hearings. All hearings will go ahead

following the procedure set out below. We will no longer

be conducting PHEs as it is not practicable to do so in the

current environment. No medical member should conduct

any further PHEs. If your booking has already been

confirmed you will be attending the hearing by telephone

from Monday 23 March 2020. You will be sent the

telephone details by the administration. Any new cases will

be listed before a single Judge. We envisage the following

process for a hearing before a single Judge; The Judge will

call into the hearing on a conference call number. The RC,

Nurse and patient will be there. The care coordinator will

also join the hearing by telephone. The representative will

choose to attend the hospital or attend by telephone. In

those cases in which there is a panel of two or three the

medical member and/or SpLM will join by telephone in the

same way. If the Tribunal Judge needs to ask a medical

member or SpLM specialist advice they will leave the call

and contact the SpLM or MM who will be available that

day. They will have been given telephone numbers by the

Administration. The Judge will then enter the conference

again, repeat the advice they have been given have the

representative make any submissions. If they want advice

before the hearing starts this will also be possible as long as

this advice is noted and read to the witnesses and the

representative before the hearing starts. We would suggest,

if the patient is unrepresented that they are given an

opportunity to speak to the Judge without other people in

the room but this will be a matter for the Judge. At the

conclusion of the hearing, the judge should seek

confirmation from the parties that they are satisfied with the

way in which the hearing has been conducted and the

decisions should record how the hearing was conducted and

the parties’ confirmation of satisfaction. We would suggest

the decision is not announced as the Judge will have no

visual impression of the patient, witnesses or hearing room.

Page 2 of 2 The SpLM and Medical Member who will be

available for advice will be booked by the Administration

depending on availability in a fair way. As this will be given

over the telephone regional allocation is unnecessary.

71

The First-Tier

Tribunal

(Immigration

and Asylum

Chamber)

24/04/2020

First-Tier IAC Operational Update:

The tribunal has suspended face to face hearings (other than

in exceptional circumstances) until further notice.

A notice containing instructions on the next steps in your

case will be sent to you.

We are working through the listed cases in priority and date

order and you should wait until we contact you.

Please do not call us unless your enquiry is urgent.

Bail applications will be prioritised and where a hearing is

required, will be listed to take place by telephone or video.

Users are advised to contact the relevant hearing centre on

the email addresses below until further notice.

General enquiries (where your case has not been allocated

to a hearing centre): customer.service@justice.gov.uk

Hearing Centres:

● Taylor House -

i.f.a.taylorhouse@justice.gov.uk

(Bail taylorhousebails@justice.gov.uk)

● Hatton Cross -

HattonX.Goldfax@Justice.gov.uk

(Bail bailshattoncross@justice.gov.uk)

● Birmingham -

goldfaxbirminghamia@justice.gov.uk

● Harmondsworth –

HWIAC@justice.gov.uk

● Yarl’s Wood - Yarlswood-

Enquiries@justice.gov.uk

● Nottingham -

goldfaxbirminghamia@justice.gov.uk

● Newport -

● ecorrespondence@justice.gov.uk

(Bail bails.newport.@justice.gov.uk)

● Bradford -

BradIACE-Fax@justice.gov.uk

● North Shields - north-shields-IAC@justice.gov.uk

● Manchester -

● manchesteriac@justice.gov.uk

● Glasgow -

glasgowiaccorrespondence@Justice.gov.uk

(Bail glasgowbails@justice.gov.uk)

72

21/04/2020

● Belfast -

glasgowiaccorrespondence@Justice.gov.uk

(Bail glasgowbails@justice.gov.uk)

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881023/IAC_CV_

Comms_First_Tier_24_April_2020.pdf?utm_medium=em

ail&utm_source=)

MICHAEL CLEMENTS

PRESIDENT - FIRST TIER TRIBUNAL

IMMIGRATION AND ASYLUM CHAMBER

21 April 2020

Dear All

I write to set out the Tribunal’s programme for the coming

weeks in the light of the continuing restrictions on

movement and association during the pandemic. My

Resident Judges report that responses to the directions sent

out last month continue to arrive at the hearing centres and

I am pleased to note the very positive engagement by so

many practitioners given the challenges we face and the

need to keep the Tribunal functioning and continuing to

move appeals forward.

I repeat the suggestion made in my last letter that, in any

case where either or both parties feel that expedition of an

appeal is appropriate, an application should be made. The

Tribunal will respond pragmatically and will do what it can

to provide an early date for deciding the appeal. Similarly,

applications for extensions of time will be considered case

by case, with the particular needs of the individual appeal

being paramount when consideration is given to the

application. I intend to issue a further Practice Statement by

the end of this week, which will replace the Practice

Statement I made at the outset of the current crisis (No 1 of

2020). Having taken into account feedback from

practitioner groups and associations and mindful of the

need to ensure that the Tribunal can decide appeals justly

and efficiently in the current circumstances, I have decided

that, where possible, all appeals will commence using the

CCD (“core case data”) platform with effect from 4 May

2020, or such later date if the legal aid issues of using CCD

have not been resolved. In respect of appeals lodged

between 23 March and 4 May, or such later date depending

on the resolution of the legal aid issues, these appeals will

be initially scanned by the Tribunal and then proceed as

legacy cases. This will bring the benefits I summarised in

my last letter and assist the parties and the Tribunal to

73

communicate effectively and remotely, all the while

allowing evidence and submissions to be shared and

considered as the appeal proceeds from its inception.

There will be some types of appeal that cannot proceed in

CCD and my Practice Statement will make this clear. For

example, for the time being, out of country cases and

appeals under the immigration rules brought following EU

exit will not be within scope.

An immediate consequence of the lockdown which

followed clear government guidance in the week

commencing 23 March was the adjournment of appeal

hearings listed for hearing in March, April and May. As I

explained in my last letter, the Tribunal is now turning to

the case management of these appeals, to be conducted by

remote means in all but exceptional circumstances. We

have built upon the new ways of working developed to

enable us to continue to decide applications for bail.

However a case is commenced, there will be active dialogue

between the Tribunal and the parties to establish precisely

what is needed to bring the FIELD HOUSE, 15 BREAMS

BUILDINGS, LONDON EC4A 1DZ Telephone 020 7073

4221 Website www.judiciary.gov.uk appeal to completion,

whether by means of a decision on the papers, a remote

hearing using the CVP (Cloud Video Platform) being

introduced across all jurisdictions, or a face to face hearing.

Our experience to date suggests that as long as appellants

are able, through their representatives, to make a clear

statement of what is wrong with the decision under appeal,

and to confirm that the evidence they rely on is before the

Tribunal, the respondent will in turn be prepared to

undertake a meaningful review of the merits of each case,

so that the way forward becomes clear. We are all well

aware that the IAC deals with cases of exceptional

difficulty and that many appellants in protection and other

appeals are vulnerable or have special litigation needs.

Although perhaps a minority of cases, I recognise that some

appeals will require a face to face hearing and the most

careful case management will be required on a case by case

basis to make the necessary effective arrangements.

Continuing goodwill and pragmatism from all Tribunal

users will be essential.

As I also mentioned in my last letter, an announcement

from government is expected very soon about legal aid and

how public funding will relate to the work of the IAC. I

have requested HMCTS to arrange a further meeting for

stakeholders to share concerns. I have no doubt that any

changes to the current scheme will be one of the important

74

15/04/2020

topics on the agenda. As long as we respond flexibly to the

challenges presented by the pandemic and make best use of

the resources we have, we will continue to make progress.

Yours,

Michael Clements President FtTIAC

(https://www.judiciary.uk/wp-

content/uploads/2020/04/Letter-to-Stakeholders-FtT-IAC-

22.4.20.pdf)

HELP FOR USERS

• HMCTS Courts & Tribunal Service sets out an HMCTS

operational summary every day with regard to our

administrative arrangements throughout the UK

• We continue to work with a small dedicated skeleton

administrative staff.

• All substantive appeals have been adjourned to a date to

be fixed and standard directions have been issued for Case

Management Reviews with a view to facilitating remote

hearings where applicable in due course.

• Standard electronic processes and the use of digital files

are being introduced for all current appeals.

• Work is being carried out to expand the online digital

process introduced nationally before the pandemic for

protection and revocation appeals to all new appeals as

quickly as possible. Further updates will be provided as new

appeal types are introduced.

• Bail lists continue to be listed as normal throughout the

UK. Applications are being heard successfully by video

and/or through the BT Meet Me Conferencing Telephone

Call system. With the aim of avoiding any unnecessary

hearings, in accordance with the Senior President’s

direction of 23 March 2020, whenever it is appropriate to

do so, judges are issuing notices to the Secretary of State

stating, “minded to grant”. This involves providing the

Secretary of State with a judicial indication whilst

maintaining the opportunity for representations if a hearing

is still required.

75

23/03/2020

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Immigration-and-

Asylum-Chamber-First-Tier-Tribunal-Help-for-Users.pdf)

The first Presidential Practice Statement can be viewed

here: https://www.judiciary.uk/wp-

content/uploads/2020/03/2020_03_23_FtTIAC-

PRESIDENTIAL-PRACTICE-STATEMENT-NOTE-No-

1-2020-.pdf

General

Regulatory

Chamber

(First-Tier)

15/04/2020

HELP FOR USERS

1. During the Covid 19 pandemic, the General Regulatory

Chamber (GRC) has identified the following priorities: (a)

The health and safety of users, judiciary and staff; (b) The

identification and swift determination of urgent cases; (c)

The orderly case management of the non-urgent Chamber

caseload; (d) The use of technology to enable remote oral

hearings.

2. All face to face oral hearings listed until the end of June

2020 have been postponed. Whether face to face oral

hearings which have already listed beyond that date will

also require postponement will be considered during April

2020.

3. Parties have been asked to consider if they would like

their case to be determined on the papers without a hearing,

or at a “remote” oral hearing using telephone or Skype. The

determination of appeals on the papers is on-going where

there is consent to this. Where appropriate, remote oral

hearings will start to be listed soon.

4. The GRC Chamber offices are open but with a reduced

staff. Some staff have been provided with lap-tops so they

can work remotely. In most cases, GRC staff will be able to

access the case management database and administer cases

remotely, albeit at a slower rate than from the office.

5. GRC’s legally-qualified Registrars are working remotely

and can access all case files.

6. Salaried judiciary are also working remotely. They have

no remote access to the file storage system but GRC staff

can and do refer case management requests to them by

email with relevant documents attached. Case management

applications therefore continue to be dealt with in most

jurisdictions. All parties and representatives have been

76

01/04/2020

asked to communicate with the Tribunal by email rather

than phone. Post is still being opened but it has slowed to a

trickle since the lockdown.

7. Urgent cases in the GRC are listed in the fast track

protocol. Every new appeal received is triaged by a

Registrar and we have agreed procedures for the

identification and swift determination of urgent matters.

8. The GRC deals with cases involving many different

Regulators who are the Respondents to appeals. Some of

these Regulators are able to file responses to appeals and

prepare electronic bundles for hearings. Others are finding

this more difficult. GRC is working with each Regulator to

manage the flow of work in their particular jurisdiction as

best we can. A temporary stay has been granted in respect

of non-urgent appeals where the Information

Commissioner is the Respondent. See the 'Directions for a

General Stay' guidance.

9. With the co-operation of the parties and the continuing

hard work of staff and judiciary, we aim to process much of

our caseload in good time and continue to provide a good

service to the public even where offices are closed.

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-General-Regulatory-

Chamber-First-Tier-Tribunal-Help-for-Users.pdf)

DIRECTIONS FOR A GENERAL STAY

Having received an application from the Information

Commissioner dated 31 March 2020

And pursuant to rule 5(1) (j) of The Tribunal Procedure

(First-tier Tribunal) (General Regulatory Chamber) Rules

2009, as amended

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/846373/Consolida

ted_FtT_GRC_Rules_20191113__002__final.pdf)

I consider it appropriate to make the following Directions

in light of the Covid-19 pandemic and the Information

Commissioner’s Office being temporarily closed as a result

and the effect which those matters have on the conduct of

proceedings in this Chamber.

It is directed that:

77

1. With immediate effect, ALL PROCEEDINGS under

section 48 of the Data Protection Act 1998, section 162 of

the Data Protection Act 2018 and section 57 of the Freedom

of Information Act 2000 (including proceedings under that

section as modified under regulation 18 of the

Environmental Information Regulations 2004) shall be

STAYED for a period of 28 days from the date of these

Directions and ALL TIME LIMITS in any new and current

proceedings are EXTENDED by the same period.

For the avoidance of doubt, this direction is subject to and

does not affect any Directions in relation to specified

proceedings made by the Tribunal on or after 1 April 2020.

2. Any party to proceedings may apply to the Tribunal, with

reasons and on notice to the Information Commissioner, for

these Directions to be amended, suspended or set aside or

for further Directions in relation to those proceedings.

3. This Direction will be reviewed after 28 days.

https://www.judiciary.uk/wp-content/uploads/2020/04/01-

Apr-20_SPT_GRCinfo-rights-Directions-for-a-General-

Stay.pdf

Upper Tribunal

Lands

Chamber

15/04/2020

LANDS CHAMBER (UPPER TRIBUNAL)

HELP FOR USERS

Since national restrictions in response to the Covid-19

pandemic were announced on 24 March, the Upper

Tribunal, Lands Chamber has continued to operate. All of

the Chamber’s judges and members have been working

from home. Key administrative staff, also working

remotely, have ensured that incoming emails have been

monitored and prioritised and urgent matters dealt with.

Most hearings due to take place at the Royal Courts of

Justice or at the Rolls Building have taken place instead

using remote video technology or by telephone

conferencing. A small number have been switched to

written procedures or rescheduled for a later date, but no

hearings have been postponed indefinitely. Decisions in

matters heard before the national restrictions took effect

have continued to be issued, and case management

decisions in on-going matters have continued to be made.

Not all business has continued as usual. The Chamber’s

administrative staff have not had access to their offices at

78

24/03/2020

the Rolls Building. Only a very small number have remote

access to the Chamber’s secure database and servers. As a

result, the Chamber’s public telephone lines have not been

staffed and the usual routine guidance on the progress of

cases or procedural matters has not been available. Letter

and parcels have not been opened. No new cases have been

issued and only those received electronically have been

reviewed and assessed for urgency.

On 8 April one more member of the Chamber’s

administrative staff was provided with remote access and is

now beginning to work from home. It is intended that as

soon after Easter as possible the Chamber’s administrative

offices will re-open with a muchreduced staff, working

modified hours to protect their own and their families’

safety. A further update will be provided when this

happens.

Guidance on the conduct of proceedings in the Lands

Chamber during the pandemic was issued by the Chamber

President on 24 March and remains applicable. It will be

updated from time to time as circumstances change. The

preferred method of communication with the Chamber

remains email (lands@justice.gov.uk), but parties should

expect a slower response, especially where the matter is not

urgent.

Where it is possible for hearings already listed to be

conducted using remote technology they will take place as

scheduled. Before the Tribunal decides on the form of a

hearing the parties will be contacted and their views will be

taken into consideration. Where a hearing is to take place

using remote technology, the Tribunal will expect the

parties to prepare an electronic bundle for use by the

Tribunal and all participants.

There has been no general waiver of fees for issuing

proceedings or making applications, but parties may

undertake to pay fees at a future time rather than paying on

issue.

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Lands-Chamber-

Upper-Tribunal-Help-for-Users.pdf)

Presidential Guidance on the Conduct of Proceedings has

been issued. Extracts:

79

In addition to post, fax and other hard copy methods of

delivery, any document to be provided to the Tribunal under

the Rules may be sent by such method as the Tribunal may

permit or direct (rule 13(1)). E-mail is a permitted method

of delivering documents to the Tribunal, and is the preferred

means of communication for all purposes. Any document

which is required to be delivered to the Tribunal may be

delivered by e-mail to lands@justice.gov.uk and will be

treated as having been delivered at the time it is recorded as

having been received in the Tribunal’s inbox.

First, where a decision can be made fairly and justly without

a hearing, there will be a presumption in favour of a

determination on paper. • Secondly, where a decision can

only be made fairly and justly at a hearing there will be a

presumption that the hearing will be conducted remotely,

by telephone or video link. • Thirdly, if a hearing conducted

remotely by telephone or video link would not be fair or

practical, the hearing may need to be postponed.

Most appeals from the First-tier Tribunal, some appeals

from Valuation Tribunals, and some compensation

references are concerned with issues of law or valuation

principle and can be determined on the basis of written

submissions, with each side having the opportunity to

comment on the other side’s evidence and argument. Case

management where the parties have not agreed directions is

also capable of being undertaken on paper or at a short

telephone hearing. In some cases, the Tribunal may be

assisted by supplementary oral submissions, giving the

Judge or Member the opportunity to ask questions and

ensure that the points have been properly explained.

Cases involving limited oral evidence, or evidence from

only a small number of witnesses, may be capable of being

conducted remotely by video link. In cases where the issue

depends on the evidence of one expert witness on each side,

a remote hearing should be both practical and capable of

producing a fair and just outcome. The form such hearings

are likely to take will broadly reflect the form of a

traditional hearing, but the Tribunal will expect parties to

be flexible. In all cases it will be for the Tribunal, with the

assistance of submissions from the parties, to determine the

form and duration of the hearing, the issues on which

evidence and submissions will be received, and the extent

to which cross examination is required.

Some cases may be more difficult to conduct remotely.

Those involving a large number of witnesses and significant

disputes of fact or valuation opinion which in normal

80

circumstances would be determined at a hearing with oral

evidence and cross examination may not be practical. Cases

involving multiple parties or objectors, or where some or all

parties are not professionally represented may give rise to

similar issues. The hearing of such cases may need to be

postponed. No case will be postponed indefinitely and

when a direction is given to postpone a listed hearing the

Tribunal will either fix a new hearing date or will fix a date,

three or four months in the future, when it will undertake a

review to determine whether the matter can now safely be

re-listed.

Where a site visit is necessary the Tribunal will take that

into account in deciding whether a case can fairly and

practically be dealt with without a hearing or by a remote

hearing. If, after consulting the parties, the Tribunal is

satisfied that an unaccompanied, external inspection will

meet the needs of the case and can be conducted safely, it

may take place.

The Tribunal appreciates that in the current exceptional

circumstances parties may not always be able to comply

with procedural directions in time. The Tribunal will be

sympathetic to requests for extensions of time, especially

where these are agreed between the parties. Many of the

Tribunal’s procedural directions already allow parties to

agree short extensions of time, without the need for an

application. In any case where such an order has already

been made, the parties may now agree an extension of up to

one month for any step, provided they also agree any

consequential extensions of other time limits and inform the

Tribunal, and provided the hearing date is not put at risk. In

other cases, although the Tribunal is likely to be

sympathetic, an extension should not be taken for granted

and a proper explanation why it is required should always

be provided.

(https://www.judiciary.uk/wp-

content/uploads/2020/03/2020_03_24_-UT-Lands-

Chamber-Covid-19-Presidential-Guidance-final_.pdf)

Upper Tribunal

Administrative

Appeals

Chamber

16/04/2020

Guidance for users in England and Wales

1. This Guidance comes into effect on 16 April 2020 and

applies to the business of the Upper Tribunal

(Administrative Appeals Chamber) (‘UTAAC’) in England

and Wales until further notice. It replaces (i) the Statement

from the President of the Upper Tribunal Administrative

81

Appeals Chamber dated 20 March 2020 and (ii) the

Information and Directions for General Stay and General

Extension of Time dated 25 March 2020. There is separate

guidance for users in Scotland and Northern Ireland.

2. As a result of the Covid-19 Coronavirus Pandemic, the

UTAAC in England and Wales has had to limit its

administrative operations. There will be considerable

delays in deciding most appeals. Cases ready for decision

will be placed before a judge as soon as practicable.

Hearings

3. The UTAAC is not holding face to face hearings at

present. In respect of appeals and applications which are

listed for hearing, the parties will be contacted by UTAAC

staff in order to assist the judge to decide whether the matter

is suitable for a telephone or video hearing (for example, by

Skype). The judge must ensure that the case is heard and

decided in a just and fair way. The judge will consider

whether and how this can be done.

4. A judge may decide that an appeal or application does

not need a hearing. If so, the matter will be decided by

reference to the documents only. Applications for

permission to appeal from the First-tier Tribunal

5. Arrangements are in hand for the processing of

applications for permission to appeal from the First-tier

Tribunal. Depending on the number of applications that the

UTAAC receives, it may be necessary to prioritise

applications relating to welfare benefits or other important

rights in which case further guidance on prioritisation may

be published. Applications for judicial review

6. Arrangements are in hand for the processing of

applications for permission to apply for judicial review.

Depending on resources, it may be necessary to prioritise

other business of the UTAAC relating to welfare benefits

or other important rights in which case further guidance on

prioritisation may be published. Page 2 of 2 Appeals against

decisions of the Traffic Commissioners

7. In cases where a party to an appeal against a decision of

the Traffic Commissioners seeks an urgent stay of the

decision (temporary suspension of the decision under

challenge), the UTAAC will aim to deal with the

application on an urgent basis. Any such application should

be clearly and visibly marked as urgent in correspondence.

Time limits and case management directions

82

15/04/2020

25/03/2020

8. There has been no change to the time limits for

complying with directions or rules of procedure, including

for seeking permission to appeal or appealing.

9. The parties should seek to comply with any directions

that have been made. Where the impact of the Coronavirus

Pandemic leads to delay in complying with directions, a

brief explanation should be provided. Pilot Practice

Directions

10. The UTAAC will apply the Pilot Practice Directions

issued by the Senior President of Tribunals, which can be

found here:

Pilot Practice Direction: Contingency Arrangement in the

First-tier Tribunal and the Upper Tribunal

Pilot Practice Direction: Panel Composition in the First-

tier Tribunal and the Upper Tribunal

(https://www.judiciary.uk/wp-

content/uploads/2020/04/UTAAC-Guidance-for-Users-in-

England-and-Wales-16-04-2020_.pdf)

Guidance entitled ‘Help for users’ has been issued, and

can be viewed here: https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Administrative-

Appeals-Chamber_Help-for-Users.pdf

Contingency arrangements

1. This Statement has immediate effect.

2. All judges and members of the Administrative Appeals

Chamber will follow the Pilot Practice Direction:

Contingency Arrangements In The First-Tier Tribunal And

The Upper Tribunal and the Pilot Practice Direction: Panel

Composition In The FirstTier Tribunal and The Upper

Tribunal issued by the Senior President of Tribunals on 19

March 2020.

3. Those Practice Directions will be applied in cases where

a party is represented and in cases where a party is a litigant

in person.

4. In so far as practicable, a judge will take into

consideration any reasonable representations made in

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25/03/2020

reasonable time before a hearing by those who may not be

able to use a particular form of technology for the purposes

of a remote hearing.

5. A judge's decision as to what is and what is not a

reasonable request for (i) a face to face hearing; or (ii) a

particular form of remote hearing is a case management

decision for the judge.

6. It is inevitable that undertaking remote hearings instead

of face to face hearings will cause teething problems. All

parties are urged to be sympathetic to the technological and

other difficulties experienced by others. All parties, and

everyone using the Chamber's administrative services, will

need to show flexibility.

7. Parties are reminded of their duty to help the Upper

Tribunal to deal with cases fairly and justly and to co-

operate with the Upper Tribunal generally: rule 2(4),

Tribunal Procedure (Upper Tribunal) Rules 2008. This duty

applies to all parties and to all representatives. The

Chamber will expect it to be observed.

8. Case management directions made by judges in

individual cases will continue to stipulate fixed time limits

for steps in an appeal to take place. Any requests for

extensions of time based on the effect of the current

pandemic will be considered sympathetically.

9. This Statement may be subject to change when

necessary. Note: The Senior President's Pilot Practice

Directions may be found here:

https://www.judiciary.uk/publications/pilot-practice-

direction-contingencyarrangements-in-the-first-tier-

tribunal-and-the-upper-tribunal/

https://www.judiciary.uk/publications/pilot-practice-

direction-panel-composition-inthe-first-tier-tribunal-and-

the-upper-tribunal/

(https://www.judiciary.uk/wp-

content/uploads/2020/03/STATEMENT-FROM-THE-

PRESIDENT-OF-THE-UPPER-TRIBUNAL-

ADMINSITRATIVE-APPEALS-CHAMBER.pdf)

INFORMATION AND DIRECTIONS FOR GENERAL

STAY AND GENERAL EXTENSION OF TIME have

been issued. Extracts:

84

As a result of the Covid-19 coronavirus pandemic, the

offices of the Upper Tribunal (Administrative Appeals

Chamber) in London have been closed until further notice.

Taking into consideration the proper administration of

justice, I consider it appropriate to make the following

directions in the light of the Covid-19 coronavirus

pandemic and the effect that it is having on the conduct of

proceedings in the Administrative Appeals Chamber of the

Upper Tribunal. 7. IT IS DIRECTED that– (1) With

immediate effect, all proceedings are stayed (put on hold)

for a period of 21 days beginning with the date of these

Directions, and– Page 2 of 2 (a) All time limits in any

current proceedings are extended by the same period; and

(b) All time limits for making applications and appeals to

the Chamber, to begin proceedings, are also extended by the

same period. (2) This means that all hearings listed to be

held in that period will not go ahead (unless you have

already arranged with the Chamber for a remote hearing (by

telephone or Skype)). You will be given a new date for your

hearing in due course. (3) Any party to proceedings may

apply for these directions to be amended, suspended or set

aside or for further directions in relation to those

proceedings. (4) Urgent applications and/or urgent

correspondence must be sent by email to the following

address: Adminappeals@justice.gov.uk and marked

“URGENT” in the subject line. The Chamber will deal with

these as quickly as possible, but there is no guaranteed time

scale (any sent today before these directions were issued

should if possible be resent by email). (5) If you are a person

at increased risk of severe illness from the Covid-19

coronavirus under current government guidelines, you

should make this clear in the subject line of the email by

putting “Increased risk”.

The directions can be viewed here:

https://www.judiciary.uk/wp-

content/uploads/2020/03/UTAAC-General-extension-stay-

and-directions-25-March-2020.pdf

85

Upper Tribunal

(Immigration

and Asylum

Chamber)

24/04/2020

23/03/2020

Upper Tribunal IAC Work Priorities:

There may be some delays in processing non-urgent work.

Please see below different ways in which we are dealing

with appeals and judicial reviews.

Appeals and Permission to Appeal applications to UTIAC:

• Appeals that were listed for hearing have been

postponed. All appeals to UTIAC are being judicially case

managed. There is also limited monitoring of the appeals

email inbox currently taking place.

Judicial Reviews in UTIAC:

• A notice was issued (23 March 2020) on handling of

urgent Judicial review applications

• Non urgent judicial review applications should be sent

by post and will be processed when our capacity increases

• The fees counter at Field House is currently closed and

calls to 020 7073 4278 may not be answered

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881024/HMCTS_

UTIAC_Operational_Update_24_April_2020.pdf?utm_me

dium=email&utm_source=)

Judicial Review applications to the Upper Tribunal

(Immigration and Asylum Chamber) that require

urgent or immediate consideration (Form T483)

A. Beginning on 23 March 2020 and until further notice, all

applications for Judicial review that require urgent or

immediate consideration (using or including form

T483/T484) MUST be filed as follows:

1. If the applicant is represented or unrepresented, and not

in immigration detention or at a removal centre, by

email to utiac.londonjr@Justice.gov.uk

2. If the applicant is unrepresented and is in immigration

detention or at a removal centre, there is no change to

the existing arrangements for filing by fax.

3. Attachments to any email must not, in total, exceed 15

MB. If they exceed this limit the email will not be

delivered.

4. This applies to the whole of England and Wales; and

accordingly the offices in Birmingham, Cardiff, Leeds,

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23/03/2020

London and Manchester will not accept such

applications by hard copy.

B. Fees

A party making an application as described in paragraph A

above by email will be treated as having promised to pay to

the Upper Tribunal, on demand, any fee payable for the

application AND will be contacted by the Tribunal for the

payment in due course.

Please note for any application as described in paragraph A

above, the cut-off time is 4pm Monday to Friday (except

bank holidays). If your application is not received by 4pm

on a working day, please call the Out of Hours Court service

at 0207 947 6260.

(https://www.gov.uk/government/publications/apply-for-

urgent-consideration-in-a-judicial-review-form-t483)

Detailed Presidential Guidance on Arrangements

During the Covid-19 Pandemic can be viewed here:

https://www.judiciary.uk/wp-

content/uploads/2020/03/2020_03_23_UTIAC-

PRESIDENTIAL-GUIDANCE-NOTE-No-1-2020.pdf

Employment

Tribunal

15/04/2020

EMPLOYMENT TRIBUNALS (England & Wales)

and (Scotland) HELP FOR USERS

Sources

The guidance given to Employment Tribunal users during

the pandemic can be found on the Courts and Tribunals

Judiciary website, including:

• Joint Presidential Guidance (18 March 2020)

• Amended Joint Presidential Direction (24 March 2020)

• Joint FAQs (3 April 2020)

General position as at 8 April 2020

Most but not all ET Offices in England and Wales are open

to the public and judicial office holders. The remainder

(including all in Scotland) are partially staffed but closed to

the public. The majority of our salaried Employment Judges

are continuing to work from home with support provided

by staff in their ET offices or working remotely. Leadership

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03/04/2020

judges and our salaried EJs are covering the main ET

centres on a rota basis.

All substantive i.e. contested full hearings up to 26 June

2020 have been postponed and have been converted to

telephone case management hearings in accordance with

the guidance set out above. Preliminary hearings and some

final hearings are being conducted remotely. You will be

able to discuss this during case management with your

judge. Longer final hearings are usually being re-listed at

the parties’ request and there is growing confidence (and

access to training) for the use of teleconferencing (using,

for example, BTMeetMe) and Skype, Teams or Zoom.

Glasgow and Cardiff are piloting Kinly (CVP) which is a

virtual hearing room solution. A new recording mechanism

(to add to those available through remote software

applications) is expected to be available soon. Members of

the public and representatives of the media who wish to

access remote hearings may do so by following the

instructions on daily lists which are currently being

developed and will be operational soon.

Judges and users are able to consider greater reliance on

alternative dispute resolution and active case management.

There is growing interest in Judicial Mediations conducted

remotely by telephone or electronic means and some use is

being made of Judicial Assessments in England & Wales

(i.e. early neutral evaluation).

We will continue to prioritise urgent hearings and you

should indicate straight away if your application is urgent

and why by following the advice in our FAQs document. If

you wish a particular remote method to be used for your

hearing you should raise this during telephone case

management.

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Employment-

Tribunals-England-Wales-and-Scotland-.pdf)

The Presidents of the Employment Tribunals in

England and Wales and in Scotland have issued a

document answers procedural “FAQs arising from the

Covid-19 pandemic”. The document can be accessed

here: https://www.judiciary.uk/wp-

content/uploads/2020/04/FAQ-

final.pdf?utm_medium=email&utm_source=

88

24/03/2020

17/03/2020

The Direction issued on 19/03/2020 (which can be

accessed here: https://www.judiciary.uk/wp-

content/uploads/2020/03/2020_03_19_ET-Covid-19-

Direction.pdf) was amended on 24/03/2020, to read:

"In view of the rapidly changing circumstances created by

the Covid-19 pandemic, the Presidents of the Employment

Tribunals in England & Wales and in Scotland have

directed that from Monday 23rd March 2020 all in-person

hearings (hearings where the parties are expected to be in

attendance at a tribunal hearing centre) listed to commence

on or before Friday 26th June 2020, will be converted to a

case management hearing by telephone or other electronic

means which will take place (unless parties are advised

otherwise) on the first day allocated for the hearing. This

will provide an opportunity to discuss how best to proceed

in the light of the Presidential Guidance dated 18th March

2020, unless in the individual case the President, a Regional

Employment Judge or the Vice-President directs otherwise.

If the case is set down for more than one day then parties

should proceed on the basis that the remainder of the days

fixed have been cancelled. For the avoidance of doubt, this

direction also applies to any hearing that is already in

progress on Monday 23rd March 2020 and, if not already

addressed before then, the parties may assume that the

hearing on that day is converted to a case management

hearing of the kind referred to above. In person hearings

listed to commence on or after 29th June 2020 will remain

listed, in the meantime, and will be subject to further

direction in due course. The parties remain free to make any

application to the Tribunal. This Direction will be subject

to ongoing review and in particular will be reviewed on

29th April 2020 and 29th May 2020 to take into account the

circumstances as they then stand in connection with the

Covid-19 pandemic”.

https://www.judiciary.uk/wp-

content/uploads/2020/03/2020_03_24_ET-Covid-19-

Direction-Amendment.pdf

PRESIDENTIAL GUIDANCE IN CONNECTION WITH

THE CONDUCT OF EMPLOYMENT TRIBUNAL

PROCEEDINGS DURING THE COVID-19 PANDEMIC

The overriding objective of the Rules, as set out in rule 2, is

to enable Employment Tribunals to deal with cases fairly

and justly. Tribunals are required to seek to give effect to

the overriding objective when interpreting, or exercising

89

any power given by, the Rules. Parties and their

representatives are required to assist Tribunals to further the

overriding objective, and in particular are to cooperate

generally with each other and the Tribunal.

During the Covid-19 pandemic Employment Tribunals,

seeking to apply the overriding objective in rule 2, will need

to take into account the impact of the pandemic when

assessing what steps may be taken to give effect to the

overriding objective.

The purpose of this document is to provide: (a) Tribunals

with guidance as to how certain of the powers provided by

the Rules may be exercised, during the pandemic, to give

effect to the overriding objective and (b) information to

parties about steps Tribunals may take (including making

orders and giving directions) during the pandemic, when

exercising their powers under the Rules and how parties can

cooperate with Tribunals to further the overriding objective.

Employment

Appeal

Tribunal

Announcement

by the President

of the EAT the

Hon. Mr Justice

Choudhury,

Provisional

Arrangements

during Covid-19

Pandemic

15/04/2020

EMPLOYMENT APPEAL TRIBUNAL

HELP FOR USERS

What does the EAT do?

The Employment Appeal Tribunal (EAT) decides appeals

from the decisions of the Employment Tribunal, the

Certification Officer and, in certain cases, the Central

Arbitration Committee. The EAT considers appeals which

raise questions of law. It therefore cannot, save in rare

circumstances, consider appeals which disagree with

findings of fact. The EAT is based in the Rolls Building in

Central London, and in Melville Street in Edinburgh. It also

sits from time to time in Cardiff.

How is the EAT affected by the Covid-19 pandemic?

The current Government measures to combat the pandemic

mean that the EAT is currently operationally severely

limited. Its case files are generally paper-based. Most staff

members and judges are working remotely and staff

presence in the EAT’s premises is minimal.

The EAT currently has limited capacity to receive, produce

or send out, any paper bundles for hearings. These factors

affect the kinds of hearing that may be held, as to which see

below. The EAT’s administrative functions are also greatly

reduced at the present time, and parties should expect that

90

email and telephone queries will take considerably longer

to be answered than normal.

The present operational restrictions apply to both the

London and Edinburgh offices of the EAT.

How should I lodge an appeal?

The usual time limit for lodging appeals to the EAT

continues to apply. However, during this period of limited

operational capacity, appeals must be lodged by email.

Please bear in mind the guidance relating to the lodging of

appeals (see the link below) and the 10Mb limit on email

attachment size.

What is happening to my appeal which is listed to be heard

soon?

The EAT is not holding any in-person hearings at present.

The EAT will be conducting hearings by telephone, Skype

or other internet-based platform (“Remote Hearings”) from

16 April 2020 in a limited number of cases. Attendance at

a court building will not be required for Remote Hearings.

Where a Remote Hearing is not presently practicable, the

hearing of the appeal will be postponed and the parties will

be told that this has happened. Postponed hearings will be

re-listed for a later date when circumstances permit.

If it is considered that a Remote Hearing may be practicable

in an appeal that has been listed for a hearing, the EAT will

contact you to seek your views about holding a Remote

Hearing and whether you or your representative can provide

the parties and the Judge with an electronic copy of the

hearing bundle. Taking into account the information

provided, the EAT will make a decision confirming

whether your appeal will proceed by way of a Remote

Hearing, and further directions may be provided. The final

decision as to whether a hearing will be conducted remotely

will be taken by a judge.

Where can you find out more?

You can find out more on the COVID-19 pages of the

judicial and tribunals website. For urgent queries, you can

email: LondonEAT@justice.gov.uk. Please note that due to

the current circumstances, responses may take longer than

normal.

91

09/04/2020

(https://www.judiciary.uk/wp-

content/uploads/2020/04/14-Apr-20-Employment-Appeal-

Tribunals-Help-for-Users.pdf)

Hearing Arrangements from 16 April 2020

The ongoing Government measures to combat the

Coronavirus pandemic mean that the Employment Appeal

Tribunal (“the EAT”) continues to be operationally

severely restricted. However, as from 16 April 2020, the

EAT will be holding hearings via telephone, Skype or other

internet-based platform (“remote hearings”) in a limited

number of appeals. Until further notice, the following

measures will apply.

1 Remote hearings, where directed, will be conducted with

all parties participating remotely. Physical attendance at the

EAT will not be required for remote hearings.

2 Where it is considered by the EAT that a remote hearing

may be practicable in a particular case, the EAT will contact

the parties in that case to ask: a. for their views on whether

a remote hearing should be held; and b. whether they can

ensure that the Judge and all parties will be provided with,

and have access to, an electronic version of the hearing

bundle and (if appropriate) the authorities bundle. The final

decision as to whether a hearing shall be conducted

remotely shall lie with a Judge of the EAT.

3 Where it is considered by the EAT that a remote hearing

is not practicable in a particular case, it will be postponed

to a later date. The EAT will inform the parties in such cases

of any postponement as soon as possible. The EAT will

endeavour to re-list postponed cases as soon as practicable.

No precise guidance can be given at this stage as to when

such relisting will occur, as this may depend on, amongst

other matters, the operational impact, and extent, of any

ongoing measures related to the pandemic.

4 If any party has not heard from the EAT pursuant to 2 or

3 above about their appeal by 4.00pm on the 7th day before

their hearing is due to commence, they should contact the

EAT by email immediately (LondonEAT@justice.gov.uk)

requesting an update on their appeal. Parties are requested

to refrain from seeking updates on their appeals outside this

time frame.

5 Parties should note that the EAT is endeavouring to

conduct as many hearings remotely as current operational

limitations will permit. It is not possible to conduct all listed

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25/03/2020

hearings remotely. If a case has been postponed, its relisting

will be considered as soon as circumstances permit, and will

be given priority in terms of a hearing date, subject to the

need to consider any appeals of exceptional urgency.

6 Members of the public and the media may, upon the

provision of appropriate contact details, be sent an

invitation to participate in any remote hearing that would

otherwise have been conducted in open court. However,

such participation will be strictly limited to observing

proceedings. Members of the public and the media will not

be permitted to speak during the remote hearing. The

restrictions on recording court proceedings apply to remote

hearings. The recording of proceedings without permission

will amount to a contempt of court.

7 The time limits for instituting appeals, and the

requirements for the proper and effective institution of an

appeal, remain as set out in the EAT’s Rules and Practice

Direction. Copies of these, and guidance in relation to them,

are available at https://www.gov.uk/appeal-employment-

appeal-tribunal. During this period of limited operational

capacity, Notices of Appeal and accompanying documents

must be sent by email in all cases. Please note the limit on

email attachment size when doing so.

8 During this period, the EAT may not be in a position to

respond immediately to email or telephone enquiries.

Parties should anticipate that it may take appreciably longer

for the EAT administration to respond to communications

than usual.

The Hon. Mr Justice Choudhury

President Employment Appeal Tribunal

9 April 2020

(https://www.judiciary.uk/wp-

content/uploads/2020/04/09-Apr-20-SPT_EAT-Covid-19-

announcement.pdf)

All hearings in the Employment Appeal Tribunal, whether

in London or Edinburgh, which were listed to take place up

to and including 15 April 2020, are postponed.

When hearings resume, they will initially be conducted

exclusively by telephone, Skype or some other form of

video link.

93

Planning

Inspectorate

Guidance

01/04/2020 All casework events in the near future including site visits,

hearings and inquiries have been postponed and staff are

working from home as the Bristol office building is closed.

The planning inspectorate together with the Planning and

Environment Bar Association (PEBA) recorded a joint

message on the work underway.

• There is updated guidance on how planning and

other case work is being dealt with in this highly

unusual situation affecting the whole country.

Appeals are still being accepted via the Appeals

Casework Portal (ACP) but correspondence via post

is not being received at present

• For planning appeals, rights of way and Commons

Act 2006 cases, whilst no site visits, hearings or

inquiries are taking place at the moment, we are

actively considering whether there are types of

cases that can proceed without a site visit.

Customers are advised to speak to their case officer.

• Hearings and preliminary meetings for nationally

significant infrastructure projects are postponed, but

as the examination process is primarily a written

one, in most cases, the expectation is to continue to

make good progress. Information submitted to

examinations is continuing to be considered, and

interested parties are encouraged to continue to have

relevant discussions and prepare information and

written submissions where it is possible and safe to

do so. Some organisations are choosing to delay

their submissions. Updates of all national

infrastructure projects are on our website.

• For local plans, inspectors will continue where

possible to progress the pre and post-hearing stages

of the examination, depending on the stage reached,

but there will be delays as local plan hearings are

not currently able to take place.

The following detailed guidance is available and is subject

to review:

• Planning Appeals, Rights of Way and Commons Act

2006 - site visits, hearings and inquiries - Updated 25

March 2020 - Coronavirus (COVID-19)

• Planning Appeals, Rights of Way and Commons Act

2006 - site visits, hearings and inquiries - Updated 25

March 2020 - Coronavirus (COVID-19)

94

• NSIP Events - Coronavirus (COVID-19) - Updated 25

March 2020

• NSIP Events - Coronavirus (COVID-19) - Updated 25

March 2020

• Local Plan Examination - Coronavirus (COVID-19) -

Updated 25 March 2020

• Local Plan Examination - Coronavirus (COVID-19) -

Updated 25 March 2020

HMCTS

Guidance:

Closure of

Counters in the

QBD and Court

of Appeal

18/03/2020

In relation to the Court of Appeal, the counter E307 Civil

Appeals Registry is temporarily closed and a ‘drop-box’

service will continue from the same location.

You can contact the court by email using the dedicated

email addresses below:

● civilappeals.registry@justice.gov.uk (New cases)

● civilappeals.cmsa@justice.gov.uk (High Court and

Employment Appeals)

● civilappeals.cmsb@justice.gov.uk (County Court and

Family Court Appeals)

● civilappeals.cmsc@justice.gov.uk (Immigration and

Asylum Appeals, Public Law Cases and Judicial

Reviews)

● civilappeals.listing@justice.gov.uk (Listing and

Hearings)

95

RCJ Fees

Office

24/04/2020

The Royal Courts of Justice Fees Office will close to the

public until further notice (24 April 2020). Court users are

advised to contact the relevant courts for assistance using

the email addresses below.

● Queen’s Bench Masters –

QBenquiries@justice.gov.uk

● Queen’s Bench General –

qbjudgeslistingoffice@justice.gov.uk

● Administrative Court -

administrativecourtoffice.generaloffice@hmcts.x.g

si.gov.uk

● County Court at Central London – Bankruptcy and

Companies Team -

RCJBankCLCCDJHearing@justice.gov.uk

● Family Division –

rcj.familyhighcourt@justice.gov.uk

● Senior Courts Costs Office using -

scco@justice.gov.uk

● Civil Court of Appeal –

civilappeals.registry@justice.gov.uk

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881029/HMCTS_

RCJ_Fees_Office_24_April_2020.pdf?utm_medium=emai

l&utm_source=)

Guidance for specific Courts and Tribunals

[Please Note: unless otherwise stated, this is not official guidance but derives from

personal experience of members of Chambers and other practitioners.]

Guidance for specific County Courts

Birmingham

High Court and

County Court

6 April 2020

HHJ Worster: the Acting Designated Civil Judge for

Birmingham has issued the following guidance in relation

to cases proceeding in the QBD at Birmingham High Court

and Birmingham County Court.

This local guidance provides some general information

about cases proceeding at Birmingham High Court

(Queen’s Bench Division) and Birmingham County Court.

It does not apply to proceedings in the Business and

Property Courts, the Administrative Court or the Upper

Tribunal.

We appreciate that you may not be able to speak to a

member of HMCTS staff to find out about your case, and

consequently we are publicising this brief summary of the

position in other ways.

96

The COVID 19 pandemic means that for all of us

movement is restricted to that which is essential. HM

Government has issued advice to the Courts about the

safety of Judges, HMCTS staff and ways of working. As a

result of these matters, and the illness and self isolation of

staff and Judges, a number of steps have had to be taken at

Birmingham.

• Trials of Fast Track cases and Small Claims

Trials listed in the period up to and including Friday 29

May 2020 have now been vacated (this date will be kept

under review and may be extended). An order will be sent

to you which enables you to make written representations

about how your case might be heard in the future. Once

those representations have been considered, the court will

give further directions. If you have come to an agreement

in the meantime then please send the court a copy of the

draft consent order and we will endeavour to deal with it as

quickly as possible.

• Trials of Multi Track cases

These will be being considered individually by a Judge.

You will be notified about the decision, but the likelihood

is that any trial which requires witness evidence to be taken

at a hearing in person will be vacated and re-listed on a date

when it is safe for the trial to take place.

This means that these trials will not proceed on the date that

has been previously notified to you, and you should not

attend the Court building. Orders will be sent to you in the

usual way, but the shortage of available staff means that

there may be some delay in doing this.

• Applications

The Court is dealing with urgent applications. You are

referred to the national guidance. Please consider whether

your application is necessary at this time.

A Judge will review your application and decide how it

should be heard (the usual order is for a telephone hearing

by BT Meet Me). Please be aware that the Judge may decide

that your application is not one which can or should be

heard at this time and adjourn it, or list it for hearing at some

point in the future. You will receive an order from the Court

97

telling you what that decision is.

• Possession Hearings

Your attention is drawn to the Practice Direction 51Z of the

Civil Procedure Rules which came into force on 27 March

2020. This gives effect to HM Government’s decision to

stay proceedings for, and to enforce, possession for a period

of 90 days.

• Evictions

Court Bailiffs are not undertaking evictions at the present

time.

• Audio/Video hearings

If your case is listed for an audio or video hearing, you will

be asked to provide the relevant contact details or (if

directed by the court) to make the necessary arrangements

for the hearing with the appropriate provider,

These hearings are recorded by the Court. Please note that

to make or to attempt to make an unauthorised recording or

transmission of such a hearing is a criminal offence

• Electronic Bundles for hearings

You may be asked to agree an electronic bundle or a core

bundle of documents which can be easily emailed to the

Judge for a remote hearing. Your cooperation with other

parties in the preparation of bundles is very important.

Further guidance in relation to an emailed core bundle is set

out below.

Guidance for E mailed Core Bundles – March 2020

• The guiding principle is that only documents

which are necessary for the determination of the issues

before the Judge at the relevant hearing should be included

in an emailed core bundle. The aim is to limit the pages of

the core bundle to 50. In no circumstances are there to be

more than 100 pages in a core bundle.

• As an example, the following form the basis of a

core bundle for a CCMC:

98

(i) The agreed case summary

(ii) Any pleadings necessary for the purposes of the

CCMC

(iii) Any previous orders relevant to the issues which

the Judge will be asked to decide

(iv) If costs budgeting is an issue, the budgets and the

budget discussion reports

(v) If any applications are being dealt with, copies of

the application and the witness statements in support and

against

(vi) Any other key documents (it is only exceptionally

that correspondence between solicitors will be necessary).

• Skeleton arguments (if any) do not form part of the

core bundle and may be sent separately, together with a

copy of the draft order in Word (if the parties have a

significant disagreement as to the terms of the draft order,

each may send a draft).

• If a document might become relevant in the course

of a hearing, the party should have an electronic copy of it

available so that it can be emailed to the Judge, but that will

be an exceptional course. The parties will be able to make

oral submissions.

• The bundle should be agreed and paginated –

documents from an existing paginated bundle may be used

with the existing pagination so long as they are placed in

numerical order in the core bundle.

HHJ Worster; Acting Designated Civil Judge for

Birmingham

6 April 2020″

Bradford First-

Tier Tribunal

for Social

Security and

Child Support

03/04/2020

Official guidance

The Bradford First-Tier Tribunal office for Social Security

and Child Support (SSCS) is currently closed.

The office deals with appeals and hearings for the South

East region of the UK. It is anticipated that the office will

re-open on Monday 6 April 2020. During this time there

will be a reduced response to emails and correspondence

sent to the office, however urgent items will be picked up,

99

and there is no anticipated impact on hearings scheduled for

next week. The SSCS contact centre remains operational

and will be operating between 8am and 5:30pm daily. The

contact centre can be reached on 0300 123 1142 To contact

the Bradford SSCS during this time, please email

SSCS_Bradford@justice.gov.uk, or for more information

about the First-Tier Tribunal for SSCS, please visit the

GOV.UK guidance page.

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/877825/Daily_Co

mms_-

_SSCS_Bradford_3_April_2020.pdf?utm_medium=email

&utm_source=)

Royal Courts of

Justice

24/04/2020

Official guidance

The Royal Courts of Justice remains open to the public,

however some counters and court facilities have

temporarily closed.

Court of Appeal (Civil): Urgent work (applications and

hearings) only; all hearings are being held remotely.

Counter closed, email contact available.

Court of Appeal (Criminal): Urgent work (applications and

hearings) only.

Counter closed, drop off and email contact available.

High Court: High Court work is being conducted according

to the High Court Contingency Plan. Civil hearings

continue to be conducted remotely, where possible and as

appropriate with reference to the Remote hearings protocol

for civil hearings (see judiciary.uk).

Senior Courts Costs Office: Hearings continue to be

conducted remotely, where possible and as appropriate with

reference to the Remote hearings protocol for civil hearings

(see judiciary.uk).

New filings on CE-File should be limited to applications

with approaching deadlines, any documentation in support

of hearings which have been listed and requests for final

costs certificates.

Counter remains open.

Central London County Court, Mayors and City Court:

Hearings continue to be conducted remotely, where

possible and as appropriate with reference to the Remote

hearings protocol for civil hearings (see judiciary.uk).

Counter by appointment only, phone contact available.

100

(https://assets.publishing.service.gov.uk/government/uploa

ds/system/uploads/attachment_data/file/881025/HMCTS_

RCJ_Update_Template_24_April_2020.pdf?utm_medium

=email&utm_source=)

Central

London

24/03/2020

All face to face hearings adjourned to a future date to be

fixed.

Clerkenwell &

Shoreditch

25/03/2020

Hearings proceeding as intended, in person.

Wandsworth

26/03/2020

With the exception of Civil and Family Injunction hearings,

all hearings scheduled to take place in March or April 2020

at Wandsworth County Court have been adjourned.

Central London

Employment

Tribunal

07/04/2020

Message from Acting Regional Employment Judge Joanna

Wade at London Central employment tribunal:

“London Central ET is re-opening for remote hearings on

Tuesday 14 April. Judges will be conducting telephone/

video case management preliminary hearings and

mediations on listed cases. The parties will be contacted

with instructions. Please do not telephone the tribunal if at

all possible, emails will be receiving attention but

resources are unfortunately limited and priority is being

given to cases with hearings in the near future.

"Please note that the Tribunal is staffed but Victory House

is closed to the public.”

Guidance for Barristers

Guidance for Barristers

The Bar

Council

24/03/2020

at 09.30am

Updated guidance on attending hearings

● Civil or Family Courts: barristers should not attend in

person unless the hearing is genuinely urgent and it

cannot be done remotely. Such a hearing will be a rare

occurrence.

● Magistrates’ Courts: barristers should not attend the

Magistrates’ Court in person unless the barrister was in

an urgent case on 24/03/2020. The categories of urgent

cases included civil applications relating to public

101

health legislation, particularly under the Coronavirus

(Emergency) Act 2020 and closure order applications.

Disclaimer: This document is intended to provide a prompt resume of recent guidance on the

use of the court system in England and Wales during the COVID-19 pandemic. It is not

intended to provide legal advice, and should not be relied on as providing legal advice.

London

4-5 Gray’s Inn Square,

Gray’s Inn, London WC1R 5AH

DX No 1029 LDE

+44 (0)20 7404 5252

clerks@4-5.co.uk

Birmingham

2nd Floor

Two Snow Hill

Birmingham B4 6GA

+44 (0)121 231 7430